Probate and Estate Sale Real Estate Support in Tampa Bay
Losing a family member is overwhelming. When a loved one passes away and leaves behind real property, the legal and logistical challenges can feel impossible to manage on top of grief. What do you do with the house? Can you sell it? Do you have to go through probate? What about the other heirs? What if the property needs work? What about the mortgage, taxes, and insurance?
I am Barrett Henry, a Broker Associate with RE/MAX Collective serving the Tampa Bay area including Valrico, Brandon, Riverview, and Tampa. I work with families, personal representatives, and probate attorneys to handle the real estate side of estate settlement. From property valuation and maintenance to listing, negotiation, and closing, I coordinate the entire process so families can focus on what matters.
Whether you are a personal representative managing an estate, an heir who inherited a property, or an attorney looking for a reliable agent for your probate clients, I can help.
How Does Probate Work in Florida?
Probate is the court-supervised legal process of administering a deceased person’s estate. It involves validating the will (if one exists), appointing a personal representative, identifying and inventorying assets, paying debts and taxes, and distributing remaining assets to beneficiaries or heirs.
Florida law requires that the will be filed with the Clerk of Court in the county where the deceased resided within 10 days of death. This is a strict deadline.
Not all assets go through probate. Assets with named beneficiaries (life insurance, retirement accounts, TOD/POD accounts), jointly held assets with rights of survivorship, and assets held in a trust typically pass outside of probate. Real property owned solely by the deceased, however, almost always requires probate to transfer clear title to the heirs or a buyer.
What Is the Difference Between Summary and Formal Administration?
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Estate Value Limit | Under $75,000 (excluding exempt homestead) or death occurred 2+ years ago | No limit |
| Personal Representative | Not required | Court-appointed, required |
| Timeline | 1 to 3 months | 6 to 18 months (minimum 6 months due to creditor period) |
| Creditor Period | No formal creditor period, but beneficiaries may remain liable for 2 years | 90 days from publication of notice to creditors |
| Court Oversight | Limited | Full court supervision |
| Cost | Lower | Higher (attorney fees, court costs, PR fees) |
Most estates with real property in Tampa Bay go through formal administration because the property value alone typically exceeds the $75,000 summary administration threshold.
What Is the Florida Probate Timeline for Real Estate?
Understanding the timeline helps you plan and set realistic expectations for when the property can be sold and proceeds distributed.
Week 1: File the will and death certificate with the Clerk of Court in the county where the deceased lived. Florida law requires this within 10 days of death.
Weeks 2 to 4: Petition for administration filed. The proposed personal representative (PR) petitions the court for appointment. If the petition is uncontested, the court typically issues Letters of Administration within 2 to 4 weeks.
Weeks 4 to 6: Notice to creditors published. The PR publishes notice in a local newspaper once per week for two consecutive weeks. Known creditors also receive direct notice. This starts the clock on the 90-day creditor period.
Months 2 to 5: Estate administration. The PR inventories assets, manages property, pays bills, files taxes, and handles creditor claims. During this period, the PR can also list and sell real property with proper authorization.
Months 5 to 6: Creditor period closes. After 90 days, the creditor window closes. Known creditors who received direct notice have 30 days to respond.
Months 6 to 12+: Distribution and closing. Once debts are settled and the court approves, remaining assets are distributed to beneficiaries. The PR files a final accounting and petitions for discharge.
Contested estates, complex assets, tax issues, or disputes among heirs can extend this timeline significantly, sometimes to 2+ years.
Can You Sell a House During Probate in Florida?
Yes. Florida law allows the personal representative to sell real estate during probate. In many cases, selling the property is necessary to pay estate debts, distribute proceeds to multiple heirs, or simply because maintaining a vacant property is costly and risky.
The process for selling depends on whether the will grants the PR specific authority to sell real property:
If the will grants authority to sell: The PR can list and sell the property without additional court approval. This is the most common and simplest scenario. Most well-drafted wills include this provision.
If the will does not grant authority (or there is no will): The PR must petition the court for authority to sell. The court evaluates whether the sale is in the best interest of the estate. This adds time but is routinely granted.
If the property is homestead: Florida homestead protections add complexity. Homestead property may be exempt from creditor claims and may descend directly to the surviving spouse or heirs regardless of the will. Selling homestead property during probate requires careful coordination with your probate attorney.
In all cases, clear title must be delivered to the buyer at closing. The title company will require documentation from the probate case (Letters of Administration, court orders, etc.) to issue title insurance.
What Happens If There Is No Will?
When someone dies without a will (intestate), Florida’s intestacy statutes determine who inherits the property. The distribution depends on family structure:
Surviving spouse, no children: Spouse inherits everything.
Surviving spouse and children (all from that marriage): Spouse inherits everything.
Surviving spouse and children from a different relationship: Spouse receives half, children share the other half equally.
No surviving spouse: Children inherit equally. If no children, it passes to parents, then siblings, then more distant relatives.
Without a will, a court must appoint a personal representative (following Florida’s priority list), and the entire process typically takes longer because there are more decisions for the court to make. This is one of many reasons estate planning matters.
What Are Your Options When You Inherit a Property?
Inheriting real estate gives you several paths. The right choice depends on your financial situation, the property’s condition, the other heirs involved, and your long-term goals.
Sell the Property. This is the most common choice, especially when multiple heirs are involved or when the property is in a different city than where the heirs live. Selling allows clean distribution of proceeds. I handle the entire process: valuation, preparation, listing, negotiation, and closing.
Keep and Live In It. If you want to make the inherited property your primary residence, you may qualify for Florida’s homestead exemption, which provides property tax benefits and creditor protections. You will need to update the title, transfer utilities, update insurance, and file for homestead exemption with the county property appraiser.
Keep and Rent It. If the property is in good condition and in a strong rental market, holding it as an investment can generate income. This requires property management, maintenance, and landlord responsibilities. If you are interested in this path, I also handle property management and can evaluate the rental potential.
Sell to an Investor (Cash, As-Is). If the property needs significant work or you need to close quickly, selling to a cash investor is an option. You will typically receive less than market value, but you avoid the cost and time of repairs and traditional marketing. I can help you evaluate investor offers against traditional sale projections so you make an informed decision.
What Needs to Happen Before Selling an Estate Property?
Estate properties often need attention before they can be listed. Here is what typically needs to be addressed:
Securing and Maintaining the Property
Vacant homes are vulnerable. Locks should be changed, mail forwarded, utilities maintained (water and electric at minimum to prevent mold and pipe issues), lawn maintained, and the property checked regularly. Insurance must be updated to reflect vacancy or estate ownership status, as standard homeowner policies may not cover a vacant or estate-owned property.
Property Valuation
A Comparative Market Analysis (CMA) establishes the property’s current market value. This number is critical for the estate inventory, for setting the list price, and for ensuring the PR fulfills their fiduciary duty to the estate and its beneficiaries.
Clean Out and Personal Property
The deceased’s personal belongings need to be sorted, claimed by heirs, donated, or disposed of before the property can be shown to buyers. Estate liquidation companies can handle this process if the family prefers not to do it themselves. I can recommend reputable local estate liquidation services.
Repairs and Preparation
Not every estate property needs renovation, but most benefit from basic preparation: cleaning, minor repairs, fresh paint, landscaping cleanup, and addressing any safety or habitability issues. I work with Best Bay Services, a local handyman and home services company, to handle repairs efficiently and affordably. We evaluate what is worth fixing and what should be left as-is to maximize the estate’s net return.
Title and Legal Clearance
Your probate attorney ensures that the PR has legal authority to sell, that the title is clear (or that any liens or encumbrances are addressed), and that all necessary court documentation is in order for closing. I coordinate with your attorney and the title company to make sure nothing delays the sale.
How I Help Families and Attorneys With Estate Sales
My role is to handle the real estate side so families and attorneys can focus on the legal and personal aspects of settling the estate. Here is what I do:
Property Valuation: I provide a detailed CMA showing current market value, comparable sales, and a recommended pricing strategy. This report supports the estate inventory and helps the PR make informed decisions.
Property Management During Probate: I coordinate property maintenance, lawn care, security, and utility management while the estate is being administered. Vacant properties need ongoing attention, and I make sure nothing falls through the cracks.
Repair Coordination: Through my relationship with Best Bay Services, I coordinate any necessary repairs, cleanouts, or preparation work. We provide honest assessments of what is worth fixing and transparent pricing on the work.
Marketing and Sale: I list the property on the Stellar MLS, market it to qualified buyers, coordinate showings (working around estate schedules and access logistics), negotiate offers, and manage the transaction through closing.
Multi-Party Communication: Estate sales often involve multiple heirs, attorneys, CPAs, title companies, and sometimes courts. I maintain clear, professional communication with all parties to keep the transaction on track.
Attorney Coordination: I work directly with probate attorneys to ensure all real estate aspects of the transaction comply with court requirements and that proper documentation flows between the legal and real estate sides of the process.
Tax Considerations for Inherited Property in Florida
Understanding the tax implications of inherited property helps you make better decisions. This is general information, not tax advice. Consult a CPA or tax attorney for your specific situation.
Stepped-Up Basis
When you inherit property, your tax basis is “stepped up” to the fair market value at the date of death. This means if the deceased purchased the home for $150,000 and it was worth $400,000 at death, your basis is $400,000. If you sell for $410,000, your taxable capital gain is only $10,000, not $260,000.
This stepped-up basis is one of the most valuable tax benefits in real estate. It often makes selling inherited property shortly after death very tax-efficient.
Florida Has No State Income Tax or Estate Tax
Florida does not impose a state income tax or a state estate tax. The federal estate tax exemption is $15 million per individual as of 2026 (per the One Big Beautiful Bill Act), meaning the vast majority of estates owe zero federal estate tax.
Capital Gains If You Hold the Property
If you keep the property and sell it later, capital gains tax applies to the difference between the stepped-up basis (value at date of death) and the sale price. If the property appreciates significantly after you inherit it, the capital gains could be substantial. If the property serves as your primary residence for at least 2 of the 5 years before selling, you may qualify for the $250,000 single / $500,000 married capital gains exclusion.
Rental Income
If you rent the inherited property, the rental income is taxable. However, you can also deduct expenses including depreciation (based on the stepped-up value), property management fees, repairs, insurance, and property taxes.
Florida Homestead and Probate
Florida’s homestead laws add a layer of complexity to probate real estate. Homestead property in Florida receives special protections:
Creditor Protection. Homestead property is generally exempt from forced sale by the deceased’s creditors. This means even if the estate has debts, the homestead may pass to heirs free of those claims.
Descent and Distribution. If the deceased had a surviving spouse, homestead property may descend directly to the spouse (life estate or full ownership depending on circumstances) regardless of what the will says. The will cannot override certain homestead protections in Florida.
Property Tax Implications. When homestead property changes ownership, the property tax assessment may lose its Save Our Homes cap and be reassessed at current market value. This can result in significantly higher property taxes for the new owner.
Homestead rules in Florida are complex and fact-specific. Your probate attorney can determine whether the property qualifies as homestead and how that affects the estate plan and any potential sale.
Buying Estate and Probate Properties
For buyers and investors, probate and estate properties can represent excellent opportunities. These properties are often priced to sell because the heirs want to close the estate and distribute proceeds. Many estate properties have been owned by the same family for decades and are located in established, desirable neighborhoods.
What to expect when buying a probate property:
Longer timelines. Court approvals, multi-party decisions, and legal documentation can extend the time from accepted offer to closing. Patience is required.
As-is condition is common. Estate properties are frequently sold in as-is condition. Get a thorough home inspection. I work with Best Bay Services to provide repair cost estimates before you commit.
Clear title may take extra steps. The title company needs probate documentation to issue title insurance. Your agent should coordinate with the estate’s attorney to ensure smooth title clearance.
Emotional sellers. The sellers are often family members dealing with grief. Sensitivity and professionalism matter in these transactions.
I monitor estate and probate listings throughout Tampa Bay and can set up custom searches for properties matching your investment criteria. Search Tampa Bay homes for sale.
Key Takeaways
- You can sell real estate during probate in Florida. The personal representative has authority to list and sell with proper documentation.
- Summary administration takes 1 to 3 months. Formal administration takes 6 to 18 months. Most estates with real property use formal administration.
- The stepped-up basis for inherited property can significantly reduce capital gains taxes when selling.
- Florida has no state income tax or estate tax. The federal estate tax exemption is $15 million per individual in 2026.
- Florida homestead laws add complexity. Your probate attorney determines how homestead affects the estate.
- Estate properties need securing, maintenance, valuation, and often cleanup and repairs before selling.
- Working with a real estate agent who understands probate saves time, reduces stress, and protects the estate’s value.
Frequently Asked Questions
How long does probate take in Florida?
Summary administration typically takes 1 to 3 months. Formal administration takes a minimum of 6 months (due to the mandatory creditor period) and averages 12 months. Complex, contested, or taxable estates can take 18 months to 2+ years.
Can I sell the house before probate is complete?
Yes. Once the personal representative is appointed and has authority (either through the will or by court order), they can list and sell the property during the probate process. The sale proceeds become part of the estate for distribution.
Do all heirs have to agree to sell?
Not necessarily. The personal representative has the authority to sell real property if the will grants that power or the court authorizes it. However, the PR has a fiduciary duty to act in the best interest of the estate and its beneficiaries. If heirs disagree, the court can resolve the dispute. In practice, clear communication and professional guidance usually bring consensus.
What if the deceased had a mortgage?
The mortgage does not disappear at death. The estate is responsible for continuing payments or the property may face foreclosure. In many cases, the PR sells the property and pays off the mortgage from the sale proceeds. Heirs who want to keep the property may be able to assume the mortgage under federal law (Garn-St. Germain Act).
Do I have to pay taxes on an inherited home in Florida?
Florida has no state income tax or estate tax. You receive a stepped-up basis to the property’s fair market value at the date of death, meaning you owe capital gains tax only on appreciation after you inherited it. If you sell quickly, the tax impact is often minimal. Consult a CPA for your specific situation.
What is the difference between a personal representative and an executor?
In Florida, the term is “personal representative” rather than “executor.” They serve the same function: the person appointed by the court to manage and settle the deceased’s estate. The will typically names who should serve in this role.
Can I be the personal representative and the real estate agent?
This creates a conflict of interest. While not strictly prohibited, it is strongly discouraged. The PR has a fiduciary duty to the estate, and acting as both the decision-maker and the agent creates liability exposure. It is better to hire an independent agent to handle the sale.
What if the property is in bad condition?
You have options. You can invest in repairs to maximize sale price, sell as-is at a reduced price, or sell to a cash investor for a quick close. I help families evaluate each option and determine which path produces the best net outcome for the estate. For repairs, I coordinate with Best Bay Services to keep costs reasonable and the work quality high.
Should I get the property appraised or just get a CMA?
For most estate sales, a free CMA provides sufficient information for pricing and the estate inventory. A formal appraisal ($400 to $600) is recommended if there are disputes among heirs about value, if the estate is large enough to trigger estate tax considerations, or if the property has unique features that make comparable sales difficult to find.
What if I live out of state?
Many estate sales involve out-of-state heirs. I handle everything locally: property checks, maintenance coordination, repair management, lockbox access for showings, and communication with attorneys and title companies. You do not need to be in Tampa Bay for the sale to proceed smoothly.
Need Help With a Probate or Estate Property?
I work with families and attorneys throughout the process. Confidential, no-pressure guidance.
Barrett Henry, Broker Associate, RE/MAX Collective. Serving Valrico, Brandon, Riverview, Tampa, and the greater Tampa Bay area.
Related: Sell Your Home | Free Home Valuation | Pre-Foreclosure & Short Sale Options | First-Time Home Buyer Guide
Last Updated: February 2026. This page provides general information about the probate process in Florida and is not legal or tax advice. Consult a probate attorney and CPA for guidance specific to your situation.