Inherited homes · November 9, 2026 · 7 min read

Selling an inherited house in Florida: probate, the $150,000 limit and creditor dates

Published by BIMINIO Properties, a company that buys houses for cash in Florida and Arizona.

An older one-storey Florida block house with a palm tree and a carport on a sunny day

When a parent or relative dies and leaves a house in Florida, the family has to settle two questions before anyone can sell: who owns the house now, and who can sign the deed. Probate is the court process that answers both. Here is what to know before you list it or take an offer.

First, check how the house was owned

Some houses pass without probate. Look at the last deed in the county records, and look for a trust. Common cases:

Owned in a trust. The trustee named in the trust can usually sell.
Owned jointly with a right of survivorship. The surviving owner may already own it all.
Owned in the person's name alone. This is the case where probate is usually needed.

Florida homestead law also has its own rules about who inherits a home where the owner lived. A Florida probate lawyer can read the deed and the will and tell you which path applies.

Summary administration: the shorter probate

Florida Statutes section 735.201 allows a shorter process, called summary administration, when both of these are true:

If there is a will, it does not direct full administration under chapter 733.
The value of the estate subject to administration in Florida, less property exempt from creditors' claims, "does not exceed $150,000," or the person "has been dead for more than 2 years."

The $150,000 figure is new. The 2025 Florida Statutes set the limit at $75,000, and chapter 2026-57 raised it. Articles written before 2026 still give $75,000, so check the date on anything you read.

Summary administration ends with a court order that says who receives the property. The title company will use that order when it prepares the sale.

How summary administration works, step by step

Florida Statutes section 735.203 says a petition for summary administration may be filed by any beneficiary, or by the person the will names as personal representative. The surviving spouse, if any, and the beneficiaries sign and verify it. A beneficiary who receives a full share under the plan does not have to sign, but must receive formal notice of the petition.

Section 735.206 then sets the order of events:

The will, if there is one, is proved and admitted to probate.
Before the court signs the order, the petitioner searches for known creditors, sends them a copy of the petition, and makes provision to pay them from the assets available.
The court may enter an order that allows immediate distribution to the people entitled to the property.

The order matters for a sale. Section 735.206(4)(c) says that after the order, a buyer who pays value to the people named in it takes the property free of the claims of the person's creditors and of the rights of the surviving spouse and other beneficiaries. The people who received the property stay personally liable, each for a share, for lawful claims against the estate, up to the value each one received.

Full administration and the creditor period

When the shorter path does not fit, the court appoints a personal representative to run the estate. Part of that work is giving creditors a chance to be paid.

Section 733.702 says a claim against the estate must be filed by the later of:

3 months after the first publication of the notice to creditors, or
30 days after a creditor who had to be served receives a copy of the notice.

Claims filed late are barred, with narrow exceptions. Ask the lawyer whether a sale can close before this period ends.

Inherited a house in Florida? A written cash offer comes within 24 hours, with the comparable sales we used. There is no cost and no obligation.

Call or text (813) 729-8998

Two more creditor rules to know:

Section 733.2121 says the notice to creditors is published once a week for 2 weeks in a row, in a newspaper in the county where the estate is handled. The personal representative also searches for known creditors and serves them a copy.
If the person was 55 or older at death, the personal representative must serve the notice and a copy of the death certificate on Florida's Agency for Health Care Administration within 3 months after the first publication, unless that agency has already filed a claim.

Section 733.710 sets an outside limit: 2 years after the death, the estate and the beneficiaries are no longer liable for claims against the person, unless a creditor filed a claim within those 2 years. That limit does not touch a recorded mortgage. The lender can still enforce it against the house.

Costs that keep running while you wait

The house costs money every month during probate:

the mortgage, if there is one, because the loan stays on the house,
property taxes and homeowners insurance,
power and water, lawn care and pool care,
HOA dues, if there is an association.

An empty house also needs checks. Insurance policies can have rules about vacant homes, so call the insurer and tell them the owner has died.

Ways to sell

Repair and list. You may get a higher price, but someone pays for the work, handles the agent, keeps the house ready for showings and waits for a buyer's loan. With several heirs, each step needs everyone's agreement.

Sell as is for cash. The price is lower than a repaired house would bring, because the buyer takes on the repairs and the clean-out. In return, there are no showings, no repairs and one closing date for every heir.

To compare both with real numbers, use the net proceeds calculator. Our guide on selling as is covers what a seller has to tell a buyer.

What we need to make an offer

The address and who the heirs are.
Where the probate case stands, or whether there is one.
Any mortgage or liens you know of.
Whether the house is empty, and if belongings are still inside.

BIMINIO buys inherited houses in Tampa, Miami, Orlando and Lakeland. You get a written offer within 24 hours, with the comparable sales we used, so every heir sees the same numbers. Leave behind anything you do not want. A licensed title company handles the closing, on a date you pick from 7 to 35 days out, and we pay the closing costs. Read more on our page for inherited houses.

Thinking about selling? BIMINIO buys houses in Florida and Arizona as is. A written offer comes within 24 hours, and you pick the closing date.

Sources

Florida Statutes (2026), section 735.201: summary administration, read November 8, 2026
Florida Statutes (2025), section 735.201: the earlier $75,000 limit, read November 8, 2026
Florida Statutes (2026), section 733.702: limitations on presentation of claims, read November 8, 2026
Florida Statutes (2026), section 735.203: petition for summary administration, read November 8, 2026
Florida Statutes (2026), section 735.206: summary administration distribution, read November 8, 2026
Florida Statutes (2026), section 733.2121: notice to creditors, read November 8, 2026
Florida Statutes (2026), section 733.710: limitations on claims against estates, read November 8, 2026

Situations this helps with

Inherited a house or probate

Guides

This post is general information. BIMINIO does not give legal, tax or financial advice.

Questions and answers

Do I need probate to sell an inherited house in Florida?

Usually a court process is needed before heirs can give a buyer clear title, unless the house passed outside probate, for example through a trust or joint ownership with a right of survivorship. If the house was in the person's name alone, probate is usually needed. A Florida probate lawyer can tell you which path applies.

What is summary administration in Florida?

Summary administration is the shorter form of probate in Florida. Florida Statutes section 735.201 allows it when the will does not direct full administration and the estate subject to administration in Florida, less property exempt from creditors' claims, does not exceed $150,000, or the person has been dead for more than 2 years. It ends with a court order that says who receives the property.

How long do creditors have to file claims in a Florida estate?

Florida Statutes section 733.702 says a claim against the estate must be filed by the later of two dates: 3 months after the first publication of the notice to creditors, or 30 days after a creditor who had to be served receives a copy of the notice. Claims filed late are barred, with narrow exceptions.

Who pays the mortgage on an inherited house?

The loan stays on the house after the owner dies. Payments still come due, so the estate or the heirs need to keep paying, or sell the house, or the lender can foreclose. Property taxes, insurance and utilities also keep running during probate, so count those costs for the whole wait.

Can we sell an inherited house as is with the belongings inside?

Yes. BIMINIO buys inherited houses in Tampa, Miami, Orlando and Lakeland as is. Leave what you do not want, and pick a closing date from 7 to 35 days out. You get a written offer within 24 hours with the comparable sales we used, so every heir sees the same numbers.

Who can file for summary administration in Florida?

Florida Statutes section 735.203 says any beneficiary, or the person named as personal representative in the will, may file the petition. The surviving spouse, if any, and the beneficiaries sign and verify the petition. A beneficiary who receives a full share under the plan does not have to sign, but must receive formal notice.

Does a buyer from the heirs take the house free of creditor claims after summary administration?

Florida Statutes section 735.206(4)(c) says that after the order is entered, a buyer who pays value to the people named in the order takes the property free of claims of the person's creditors and of the rights of the surviving spouse and other beneficiaries. The people who received the property stay liable for lawful claims, up to the value each one received.

Is there an outside time limit on claims against a Florida estate?

Yes. Florida Statutes section 733.710 says that 2 years after the death, the estate and the beneficiaries are no longer liable for claims against the person, unless a creditor filed a claim within those 2 years. A recorded mortgage is not affected, and the lender can still enforce it against the house.

How is the notice to creditors published in Florida?

Florida Statutes section 733.2121 says the notice to creditors is published once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered. The personal representative also searches for known creditors and serves each of them a copy of the notice.

What extra step applies if the person who died was 55 or older?

Florida Statutes section 733.2121(3)(d) says the personal representative must serve the notice to creditors and a copy of the death certificate on Florida's Agency for Health Care Administration within 3 months after the first publication of the notice, unless that agency has already filed a claim. Ask the estate's lawyer to confirm this step.