If you've inherited a house in Florida that's going through probate, you're likely wondering: what are my options? Can I even sell during probate? And which path makes the most financial sense?
The short answer is yes — you can sell a house during probate in Florida, though the process has some important legal requirements. This guide compares your three main options in detail, with specific considerations for Pinellas County properties.
Can You Sell a House During Probate in Florida?
Yes, but with conditions. The Personal Representative (PR) — the person appointed by the court to manage the estate — generally has the authority to sell non-homestead real property during probate. For homestead property, the rules are more restrictive.
Key Legal Requirements
- The PR must have Letters of Administration issued by the probate court
- The sale must be in the best interest of the estate and the beneficiaries
- Beneficiaries should be notified of the intended sale
- For homestead property, the PR's authority to sell may be limited — the heirs (not the PR) may need to be the sellers
- The will may contain specific instructions or restrictions about selling real property
With those requirements in mind, let's compare your three options.
Option 1: List with a Real Estate Agent
How It Works
You hire a licensed real estate agent to list the property on the MLS, market it to buyers, and negotiate a sale. The property typically needs to be cleaned, repaired, staged, and shown to prospective buyers.
Timeline
In the current Pinellas County market, expect:
- Preparation: 2-6 weeks for cleaning, repairs, and staging
- Days on market: 30-90 days average (varies significantly by price point and condition)
- Closing: 30-45 days after accepting an offer
- Total: 3-6 months from listing to closing
Costs
| Expense | Typical Cost |
|---|---|
| Agent commissions (buyer + seller) | 5-6% of sale price |
| Repairs and preparation | $5,000 - $30,000+ |
| Staging | $1,500 - $3,000 |
| Seller closing costs | 1-3% of sale price |
| Carrying costs during sale (taxes, insurance, utilities) | $1,500 - $4,000/month |
Pros
- Typically achieves the highest gross sale price
- Competitive bidding can drive price up in a hot market
- Professional marketing reaches the widest buyer pool
Cons
- Longest timeline — 3-6 months minimum
- Highest total costs (commissions + repairs + carrying costs)
- Buyer financing can fall through, restarting the process
- Property must be in showable condition
- Inspections may reveal issues requiring further negotiation or repair
- In flood zones, insurance requirements can complicate buyer financing
Best For
Properties in good condition, heirs who aren't in a rush, and situations where maximizing the gross sale price is the top priority.
Option 2: Keep the Property
How It Works
After probate transfers ownership, you either move into the property, rent it out, or hold it as a long-term investment.
Financial Considerations for Pinellas County
If you move in:
- You can claim homestead exemption (file by March 1)
- The SOH cap resets to market value — expect higher property taxes than the previous owner paid
- You'll need to maintain insurance, including flood insurance if in a high-risk zone
If you rent it out:
- No homestead exemption — you'll pay taxes on full assessed value with no exemptions
- Rental income is taxable
- You're responsible for all maintenance, repairs, and landlord obligations under Florida law
- Pinellas County has no rent control, but tenant protections under Florida Statute 83 apply
Ongoing Monthly Costs (Estimate for Average Pinellas County Home)
| Expense | Monthly Cost |
|---|---|
| Property taxes (after SOH reset) | $400 - $800 |
| Homeowner's insurance | $300 - $600 |
| Flood insurance (if applicable) | $700 - $1,500 |
| Maintenance and repairs | $200 - $500 |
| Utilities (if vacant or landlord-paid) | $150 - $300 |
| Total | $1,750 - $3,700 |
Pros
- Potential rental income
- Long-term property appreciation
- No immediate transaction costs
Cons
- Significant ongoing carrying costs
- Property management responsibilities (especially challenging for out-of-state heirs)
- SOH cap reset means higher taxes than the previous owner paid
- Older properties may need major capital improvements (roof, HVAC, plumbing)
- Florida's property insurance market is volatile — rates may continue rising
Best For
Heirs who want to live in the property, experienced landlords, or those who believe the property will appreciate significantly and can afford the carrying costs.
Option 3: Sell for Cash to a Local Buyer
How It Works
You sell directly to a cash buyer like Causeway Home Buyers. No agent, no listing, no repairs, no showings. We evaluate the property, make an offer, and close on your timeline.
Timeline
- Offer: Within 24 hours of contacting us
- Closing: As soon as 14 days (or on your schedule)
- Total: 2-4 weeks from first contact to cash in hand
Costs
| Expense | Typical Cost |
|---|---|
| Agent commissions | $0 |
| Repairs | $0 (we buy as-is) |
| Seller closing costs | Often covered by buyer |
| Carrying costs | Minimal (2-4 weeks vs. months) |
Pros
- Fastest timeline — close in weeks, not months
- No repairs, cleaning, or staging required
- No agent commissions (saves 5-6%)
- Certainty of close — no financing contingencies that can fall through
- Works during probate — we coordinate with your attorney
- Handles complex situations: flood zones, hurricane damage, multiple heirs, code violations
Cons
- Sale price is below full retail market value (cash buyers account for repairs and risk)
- You should compare multiple cash offers to ensure you're getting a fair deal
Best For
Properties that need work, out-of-state heirs, situations with multiple heirs who want a clean resolution, properties in flood zones with high carrying costs, and anyone who values speed and certainty over maximizing gross sale price.
Side-by-Side Comparison
Here's how the three options compare for a typical inherited Pinellas County home valued at $300,000:
| Factor | List with Agent | Keep Property | Cash Sale |
|---|---|---|---|
| Timeline to resolution | 3-6 months | Indefinite | 2-4 weeks |
| Gross sale price | $300,000 | N/A | $210,000 - $250,000 |
| Agent commissions | $15,000 - $18,000 | $0 | $0 |
| Repairs needed | $5,000 - $30,000 | Ongoing | $0 |
| Carrying costs | $6,000 - $15,000 | $21,000 - $44,400/year | $1,000 - $2,000 |
| Net to seller | $237,000 - $274,000 | N/A | $208,000 - $250,000 |
| Certainty of closing | Moderate | N/A | High |
| Effort required from heirs | High | Ongoing | Low |
Probate-Specific Timeline Considerations
When selling during probate, these timelines layer on top of the sale process itself:
- Appointing a Personal Representative: 2-6 weeks after filing
- Creditor notice period: 3 months (90 days) from first publication — this runs concurrently, not sequentially, with other probate activities
- Homestead determination: 2-4 weeks for court hearing
- Court approval for sale (if required): 2-4 weeks
A cash buyer can often be ready to close the moment the court approves the sale — which means you're not adding months of marketing time on top of the probate timeline.
Making Your Decision
There's no universally "right" answer. The best option depends on:
- The property's condition and location
- Whether it's in a flood zone
- How quickly you need proceeds from the sale
- Whether all heirs agree on the path forward
- Your willingness to manage repairs, showings, and a potentially long process
- The total costs of probate and carrying the property
Our recommendation: get a cash offer first. It gives you a concrete floor price you can compare against what an agent estimates you'd net after commissions, repairs, and months of carrying costs. There's no obligation, and it takes 24 hours.