Can you sell a house while it's still in probate?

Contract now, close later

Think of selling a house in probate as two separate events. The first is agreeing on the sale. The second is transferring the deed. They don't have to happen on the same day.

The heirs, or the person who will have authority, can sign a purchase contract while the probate case is being prepared or is already open. The contract states that closing will happen once the court order is issued and the title company confirms title is clear. That gives everyone a locked-in price and a plan while the paperwork catches up.

This is how most of our purchases work. The family agrees on the offer, the attorney files, and the title company closes after the order comes through.

Who has the authority to sign

A title company will not close until it knows exactly who can sign the deed. The answer depends on the type of probate.

One thing that trips families up: being named as executor in a will doesn't give you authority by itself. Until the court appoints you and issues letters, you can't sign a deed for the estate. We're not attorneys, and the attorney on the estate will confirm exactly who signs in your case.

What the court decides, and what it doesn't

Families often assume a judge will decide how much the house sells for or whether the sale is allowed. In the probates we handle, that's not how it works.

• The court decides: who the heirs or beneficiaries are, whether the house is protected homestead, and, in formal administration, who serves as personal representative.
• The heirs decide: whether to sell, who to sell to, the price, and the closing date.

There are exceptions. In formal administration, if the will doesn't give the personal representative a power of sale, the attorney may need to ask the court to authorize the sale. And in a partition case, where heirs can't agree, the court plays a bigger role. But for a typical family that agrees on selling, the price and timing are yours to choose.

What can happen before the order is signed

1. Walkthrough. We do one walkthrough before making an offer. If the heirs live out of town, a relative, a neighbor, or a lockbox is fine.
2. Offer and contract. The heirs review a written cash offer and sign the contract if they agree.
3. Probate filing. An independent licensed Florida probate attorney prepares and files. We pay the probate cost, typically about $3,000, and it is not deducted from the heirs' share.
4. Title work. The title company starts searching for liens, back taxes, and anything else that must be paid at closing.
5. Heirs sign. Each heir signs with a notary where they live or by remote online notarization. Nobody appears in a courtroom.
6. Order, then closing. For estates that qualify for summary administration, the order can often come within 24 to 48 hours after the heirs sign, with closing usually about a week later. Formal administration takes longer.

What to watch out for in a probate sale contract

Whoever you sell to, read the contract with these points in mind:

• Who is signing. Every heir who will own a share should sign, or the contract should make clear who will sign once authority exists.
• The closing condition. Closing should be tied to the court order and clear title, not a fixed date that might pass before the judge rules.
• Who pays what. Probate costs, title charges, and closing costs should be spelled out. Taxes, liens, and any mortgage normally come out of the sale proceeds.
• As-is terms. If you don't want to make repairs or clear the house, the contract should say so.
• Personal belongings. Say plainly that the family can keep whatever matters and leave the rest.

You're always free to have your own attorney review the contract before you sign. We encourage it.

Taking care of the house in the meantime

Until closing, the estate still owns the house. Keep the insurance active, keep the power on, change the locks if keys are floating around, and check on it regularly. A vacant house in Pinellas can attract squatters. Our work was featured on Tampa Bay 28 in a ride-along enforcing Florida's squatter law, and the lesson from it is simple: someone should look in on an empty house often.

Also hold off on selling or giving away anything of real value from inside the house, such as a car, jewelry, or furniture, until the attorney says it's okay. Those items belong to the estate too, and other heirs may have a say in them. Taking photos of each room before anything is moved is a simple way to avoid arguments later.

If you're not sure where to start, our first 30 days checklist covers it.

We’re a home-buying company, not attorneys. This page is general information about Florida probate, not legal advice; an independent licensed Florida probate attorney represents the estate in every probate we pay for. Last updated November 2026.