Yes, an executor can sell a property in Orlando, Florida — but not without following specific legal procedures. Whether you’re an heir, a buyer, or the executor yourself, understanding the probate home sale process in Orlando is essential to avoid delays, legal issues, or lost value.
In this guide, we’ll break down how executors can legally sell inherited real estate in Florida, the probate process, what challenges to expect, and why working with local professionals (like Frank Jr Buys Houses) can make the process easier.
What Is an Executor of a Will?
An executor is the person named in a will to manage the estate after someone passes away. Their responsibilities include:
- Gathering the deceased person’s assets
- Paying outstanding debts and taxes
- Distributing assets to heirs
- Selling real estate or other property, if necessary
In Florida, an executor is legally referred to as a personal representative — but the terms are often used interchangeably.
Is Probate Required Before Selling a Home in Florida?
Yes, in most cases, probate is required before an executor can sell a home in Florida.
Probate is the legal process by which the court validates the will and authorizes the executor to act. If the home was solely in the deceased person’s name (not jointly owned or held in a living trust), it must go through probate before it can be legally sold.
However, Florida allows for a few different types of probate:
1. Formal Administration
This is the most common form and is required when the estate is valued over $75,000. It involves court filings, attorney involvement, and multiple steps before the property can be listed or sold.
2. Summary Administration
This simplified process may apply when the estate is under $75,000 or when the deceased has been gone for more than two years. Still, it must be completed before transferring title.
3. Disposition Without Administration
Used only in rare cases when there are very limited assets. This rarely applies to real estate.
Can an Executor Sell a House Without Probate in Orlando?
No, an executor cannot legally transfer or sell a property in Orlando without probate unless the home is:
- Jointly owned with right of survivorship
- Held in a trust
- Listed as a transfer-on-death (TOD) deed (not recognized in FL)
- Part of a small estate qualifying for summary administration
Otherwise, the executor must complete the probate process before selling.
Step-by-Step: How the Executor Sells a Probate Property in Orlando
Here’s how a probate home sale in Orlando typically unfolds:
Step 1: Get Court Authorization
The executor must petition the probate court to be officially recognized. Once appointed, they receive “Letters of Administration,” which gives them legal power to act on behalf of the estate.
Step 2: Hire a Probate Attorney (Recommended)
Florida probate law is complex. Working with an experienced probate attorney ensures all filings, timelines, and legal notices are properly handled.
Step 3: Get the Property Appraised
The court will often require a fair market appraisal. This ensures the home isn’t sold below value, especially if multiple heirs are involved.
Step 4: Notify Heirs & Creditors
The executor must notify all beneficiaries and creditors. Creditors have a window (typically 90 days) to make claims against the estate.
Step 5: List the Property for Sale
Once authorized, the executor can list the property with a real estate agent or sell it directly to a cash buyer like Frank Jr Buys Houses, which can speed up the process.
Step 6: Accept Offer & Submit to Court (if required)
Some sales, especially with multiple heirs or contested estates, may require the court’s approval before the sale is finalized.
Step 7: Close & Distribute Proceeds
After the closing, proceeds go into the estate account and are used to pay debts or are distributed to heirs according to the will.
Challenges Executors May Face When Selling an Inherited Home
Selling a probate property in Orlando can come with complications. Some common hurdles include:
- Disputes among heirs about selling or pricing
- Outstanding liens or back taxes
- Delayed probate filings
- Title issues (e.g., name mismatches, unrecorded deeds)
- Home in disrepair that’s hard to sell traditionally
This is where a cash homebuyer like Frank Jr Buys Houses becomes a valuable resource. We buy inherited homes in as-is condition — no repairs, showings, or agent fees.
Why Sell to a Cash Homebuyer During Probate?
Executors are often overwhelmed. Between paperwork, family pressure, and the grief of losing a loved one, managing a traditional home sale can be stressful. Selling to a reputable cash buyer offers:
- Speed: Close in as little as 7–14 days
- Simplicity: No repairs, staging, or open houses
- Certainty: No financing fall-through
- Privacy: No MLS listings or nosy neighbors
Frank Jr Buys Houses has experience in probate home sales in Orlando and works closely with attorneys and heirs to simplify the process.
Florida Executor Home Sale FAQs
Can an executor sell a house without all beneficiaries agreeing?
In most cases, yes — if the executor has been granted authority by the probate court and the will gives them permission. However, disputes can delay the process, especially if a beneficiary contests the will or sale terms.
How long does it take to sell a probate home in Orlando?
It depends. Formal probate can take 6–12 months, while summary administration is faster. Selling directly to a cash buyer can reduce the sales timeline drastically.
Does the executor get paid for selling the house?
Yes. Florida law allows executors (personal representatives) to receive a reasonable commission, typically a percentage of the estate’s value.
Can the executor live in the house during probate?
Sometimes — if the will allows it and other heirs do not object. However, the executor should be cautious, especially if the property is being prepared for sale.
Do I need court approval to sell a probate property?
Not always. If the will grants the executor “full authority,” they may not need further court approval. But in some contested cases or in intestate estates (no will), court oversight is required.
Key Takeaways for Executors in Orlando, FL
- Probate is usually required before selling a home.
- The executor must be appointed by the court before acting.
- Probate home sales can be lengthy and complex.
- Hiring a probate attorney is strongly recommended.
- Cash buyers can simplify and accelerate the process.
Ready to Sell a Probate Property in Orlando?
At Frank Jr Buys Houses, we understand the emotional and legal complexities of probate real estate. Whether you’re a local executor or managing an estate from out of state, we can make the sale fast, fair, and hassle-free.
We specialize in probate home sales in Orlando, buying inherited homes in as-is condition — no commissions, no cleanups, no delays.
Start with a free, no-obligation offer today.
Visit frankjrbuyshouses.com or call us at (305) 775-8750.
FAQ’s
What does an executor need to sell a house in Florida?
They need court-issued Letters of Administration and must follow probate procedures unless the home is exempt (e.g., joint ownership, trust).
Can you sell a house before probate is complete?
Generally, no. In Florida, the executor must complete at least part of the probate process before transferring title.
Who pays closing costs in a probate sale?
Usually, the estate covers closing costs. This is deducted from the sale proceeds before distribution to heirs.
Is it better to sell to a cash buyer during probate?
Often, yes — especially if the home needs repairs or the estate is under time pressure. Cash buyers like Frank Jr Buys Houses provide fast, stress-free solutions.
What happens to the mortgage on an inherited property?
The mortgage doesn’t disappear. It must be paid off during the sale or assumed (if allowed). Selling the home often satisfies the debt.