Buying or selling property tied to a deceased owner’s estate can be complicated—especially if probate hasn’t been completed. Whether you’re an heir, executor, or investor, closing a real estate transaction during or after probate requires careful legal navigation.
At Strang Tryson, we help clients manage probate-related closings with clarity and confidence. Here’s what you need to know.
What Is Probate, and When Is It Required?
Probate is the legal process of settling a deceased person’s estate, including paying debts and distributing assets.
In Florida, if the deceased person owned property in their sole name, probate is generally required to:
- Transfer ownership to heirs
- Authorize a sale of the property
- Clear title for closing
If the property was owned in a trust, jointly with survivorship, or by a married couple as tenants by the entirety, probate may not be needed.
Key Players in a Probate-Related Sale
- Personal Representative (PR): Appointed by the court to administer the estate (also called an executor)
- Heirs or beneficiaries: People entitled to receive the property
- Buyers and their lenders/title companies
The PR has the authority to sell the property—but only after receiving court approval and completing required notices.
Can You Sell or Close Before Probate Is Finished?
Sometimes, yes.
- The PR can enter a contract to sell the property before probate is complete, but title cannot transfer until a court order is issued.
- In formal administration, the court may require a Petition for Sale of Real Property.
- In summary administration (for smaller estates), court permission may not be required if all beneficiaries agree.
What Can Delay or Derail the Sale?
- No PR has been appointed yet
- Unknown or missing heirs
- Title still reflects the deceased owner
- Outstanding debts or creditor claims
- Disputes between heirs
- Improper property descriptions in the will
- Some of the heirs are minors
Solutions and Workarounds
- Order Determining Homestead Status: If the property was the deceased’s homestead, this court order can speed up transfer to heirs
- Affidavit of Heirs or Death Certificates: Can help establish transfer for non-probate assets
- Quiet title actions: May be necessary in cases of inheritance disputes or missing documentation
Tips for Buyers and Investors
- Ask if the property is in probate before making an offer
- Get the PR’s contact info and confirm their authority to sell
- Understand the timeline—probate sales take longer
- Use a real estate attorney familiar with probate law
Tips for Heirs or Executors Selling Property
- Open the estate and get letters of administration early
- Notify all interested parties and creditors as required
- Work with professionals who understand how to clear title
- Disclose probate status to buyers upfront
Strang Tryson’s Take
We handle real estate closings involving probate, trusts, and inherited property across Florida. Our services include:
- Title review and clearance
- Representing buyers, heirs, and executors
Don’t risk delays, buyer drop-off, or legal challenges. Let us help you close your probate real estate deal—cleanly, legally, and with confidence.
