If you’ve inherited a home in Orlando, you may need to go through Florida’s probate process before you can legally sell it. Probate is a legal process where the court validates a will (if there is one), identifies heirs, and gives permission to distribute or sell assets — like real estate.
This post explains the probate process for a house in Orlando, including how long it takes, how to speed it up, and what to do if you want to sell the house during or after probate.
What Is Probate?
Probate is the legal process of settling an estate after someone passes away.
This includes:
- Validating the will (if there is one)
- Appointing a personal representative (executor)
- Identifying and valuing assets (like a home)
- Paying debts or taxes
- Distributing what’s left to heirs or beneficiaries
In Florida, this process is overseen by a probate court in the county where the deceased lived — in this case, Orange County or surrounding areas like Seminole, Osceola, or Lake County.
The Probate Process for a House in Orlando: Step-by-Step
Whether you’re an executor, heir, or surviving spouse, here’s what typically happens with a house during probate in Florida:
1. File the Will and Open Probate
The first step is filing the deceased person’s last will and testament (if there is one) with the local probate court. If there is no will, the estate is considered intestate, and Florida laws will determine who inherits the home.
The court will appoint a personal representative — usually a close relative — who will handle the estate.
2. Identify the Estate’s Assets (Including Real Estate)
The executor must create an inventory of the deceased’s assets, including:
- Real estate (the Orlando house)
- Bank accounts
- Vehicles
- Investments
- Debts owed
A home’s value is typically determined by a licensed appraiser or comparative market analysis.
3. Notify Creditors & Pay Debts
Florida law requires the estate to publish a Notice to Creditors in a local newspaper. This gives potential creditors 90 days to file claims against the estate.
Common debts include:
- Credit cards
- Medical bills
- Mortgage balances
- Property taxes
If the Orlando house has a mortgage or liens, these must be paid before the heirs can keep or sell the home.
4. Get Court Approval to Sell (If Needed)
If the personal representative wants to sell the house during probate, they may need court permission — especially if the will doesn’t grant that authority explicitly.
Selling a home in probate without court approval can delay the closing or even cause legal problems.
5. Distribute Proceeds or Title to Heirs
Once all debts are paid, the court will authorize the executor to:
- Transfer ownership of the house to the rightful heirs, OR
- Sell the house and distribute the proceeds according to the will (or Florida intestate law if there’s no will)
How Long Does Probate Take in Orlando?
In Florida, summary administration (a simplified version of probate) can take 3–6 months, but formal administration (for larger estates or when there’s no will) can take 6–18 months or longer.
Factors that affect probate time in Orlando:
- Number of heirs or disputes between them
- Presence or absence of a will
- Debts, liens, or complications with title
- Whether the house is occupied (by tenants, family, or squatters)
Can You Sell a House Before Probate Is Finished?
In some cases, yes — but you must follow Florida law carefully.
To sell a house during probate in Orlando, you typically need:
- Consent from all heirs/beneficiaries
- Approval from the probate court (unless the will authorizes the sale)
- A licensed attorney or probate specialist guiding the sale
Warning: If you try to sell or transfer the title before probate is complete, the sale can fall apart at closing or create legal liability.
Common Challenges When Selling a Probate House in Orlando
Probate homes often come with added stress and obstacles, such as:
- Deferred maintenance (leaky roofs, outdated systems, or mold)
- Liens or unpaid taxes
- Conflicts among heirs about the sale or asking price
- Emotional attachment to a family home
Many sellers feel overwhelmed and look for ways to simplify the process — especially if they live out of state or need to settle the estate quickly.
What Are Your Options for a Probate House?
Once the house is eligible to be sold (usually mid- or post-probate), you have a few choices:
Option 1: List with a Realtor (Post-Probate)
Good if:
- The home is in good condition
- You want top market value
- You don’t mind paying commissions and making repairs
Challenges:
- May require staging, repairs, and showings
- Longer closing timelines
- Commission fees (5–6%)
Option 2: Sell to a Cash Buyer Familiar with Probate
Good if:
- You need to settle quickly
- The home needs repairs
- There are disputes or title issues
- You want to avoid inspections, commissions, or clean-out
Frank Jr. Buys Houses specializes in buying homes in probate in Orlando. We handle the paperwork, offer a fair price, and close fast — even if probate isn’t finalized yet (we’ll work with your attorney to time the sale legally).
What Documents Do You Need to Sell a Probate House?
Here’s a basic checklist of documents needed:
- Certified copy of the death certificate
- Letters of administration from the probate court
- Will (if applicable)
- Property deed/title
- Mortgage payoff statement
- Lien information
- Contact info for heirs/beneficiaries
Why Work with Frank Jr. Buys Houses?
We help Orlando families navigate the probate sale process with less stress.
When you sell a house in probate to us:
- We pay cash
- We cover all closing costs
- We buy as-is — no repairs or cleaning
- We help coordinate with probate attorneys
- We close in as little as 7–14 days (after court approval)
We’ve worked with dozens of families going through probate in Orange, Osceola, and Seminole Counties. Our team understands the sensitive nature of estate sales and will walk you through every step.
Ready to Sell an Inherited House in Orlando?
If you’re wondering how to handle the probate process for a house in Orlando, we can help.
We’ll answer your questions, evaluate your property, and give you a fair cash offer — no pressure, no obligation.
Call us at (305) 775-8750
Frequently Asked Questions
Do all inherited houses in Florida go through probate?
Not always. If the home was owned in a living trust, as joint tenants with rights of survivorship, or has a transfer-on-death (TOD) deed, it may bypass probate.
Can I live in the house during probate?
Yes, but make sure the other heirs agree — especially if you’re not the sole inheritor. The executor should document occupancy.
Do I need a lawyer to probate a house in Orlando?
For formal administration, yes — Florida law requires an attorney. For summary administration, it’s optional but highly recommended.
Can I sell a house in Orlando if the probate isn’t finished yet?
Yes, but only with proper court approval or authorization in the will. Always consult with a probate attorney first.
Final Word: Don’t Go Through Probate Alone
The probate process for a house in Orlando can feel confusing, emotional, and time-consuming — but it doesn’t have to be overwhelming.
If you’re dealing with an inherited home, selling the house may be the fastest way to close the estate, settle debts, and move forward.
Let us help simplify the journey. Get a no-obligation cash offer today.