Held in a living trust?
The successor trustee can usually sell on the trust’s own authority — no probate case at all. Often the fastest estate sale there is.
The successor trustee’s guide → The Florida probate guide
Probate, translated into plain English
Nobody studies probate until it happens to them. This guide exists so that when the attorney says "letters," "homestead," or "summary administration," you know exactly what is being said — and where the house fits into all of it.
We are buyers of estate properties, not lawyers, and this page is orientation rather than legal advice. Your probate attorney is the authority on your estate.
The process, honestly
Where a Sale Fits in Florida Probate
Probate has a rhythm. Once you know it, the house stops feeling like a mystery and starts feeling like a step in the process.
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Petition filed
A probate case opens in the circuit court of the county where your loved one lived. An attorney files the petition and the will, if there is one.
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Personal representative appointed
The court issues Letters of Administration naming the personal representative — the person with legal authority to act for the estate.
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Notice to creditors
Creditors get a window (usually 90 days) to make claims. Bills, liens, and mortgages on the house surface here.
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The house can be sold
With Letters in hand — and court approval when required — the personal representative can sign a contract. This is where we come in, alongside your attorney.
This is where 123SellCash comes in -
Distribution & closing the estate
Sale proceeds pay valid claims and costs; what remains is distributed to heirs and the estate closes.
Every estate is different — homestead status, the type of administration, and the will itself change the details. And not every house takes this road at all: homes in a living trust, owned jointly with survivorship, or left by a Lady Bird deed can often be sold with no probate case. Your probate attorney confirms what applies to yours; our Florida probate guide explains the vocabulary.
Before you assume the long road
Some houses skip probate entirely.
The timeline above is real — but it is not everyone's. Whether your house needs probate at all is written on the deed, and it takes minutes to check.
Jointly owned with survivorship?
Most married couples’ homes, and any deed with right of survivorship: the surviving owner already owns the whole house and can sell with a recorded death certificate.
What skips probate and what doesn’t →Left by a Lady Bird deed?
Florida’s enhanced life estate deed passes the house to its named beneficiaries automatically at death. They own it — and can sell it — with no probate.
Selling before and during probate →Not sure which lane you're in? Let's read the deed together.
Call us with the property address and we will pull the deed with you on the phone — free, in one call, before anyone spends money on anything. If the house skips probate, you'll know today. If it doesn't, you can still sign a contract now that closes when the court grants authority — and your attorney confirms everything either way.
The vocabulary
Ten terms that cover most conversations
- Probate
- The court process that settles a deceased person’s estate — validating the will, paying debts, and distributing what remains.
- Personal representative (PR)
- The person the court appoints to act for the estate. Other states say “executor”; Florida law says personal representative.
- Letters of Administration
- The court document that proves the PR’s authority. Title companies, banks, and buyers all ask for it.
- Formal administration
- Florida’s standard, full probate process. Common for estates with a house; often six months to a year.
- Summary administration
- A shortcut for small estates (nonexempt assets of $75,000 or less) or deaths more than two years ago. Weeks instead of months, but not right for every estate.
- Homestead
- Florida’s special protection for a primary residence. A homestead often passes outside the ordinary probate estate and is shielded from most creditors — one of the first things your attorney will sort out.
- Notice to creditors
- The published notice that starts the clock (generally 90 days) for creditors to file claims against the estate.
- Step-up in basis
- The federal tax rule that resets an inherited property’s cost basis to its value at the date of death — the reason selling soon after inheriting often means little or no capital-gains tax.
- Partition action
- A lawsuit any co-owner can file to force the sale of shared property. The last resort when heirs can’t agree.
- Successor trustee
- The person who administers a living trust after the grantor’s death. Homes held in trust usually avoid probate entirely.
Go deeper
The probate deep-dives
Each guide takes one question and answers it properly.
How Probate Works in Florida: Timeline, Costs, and Who’s in Charge The complete walkthrough — start here. Read the guide → Summary vs. Formal Administration Which probate track applies to your family. Read the guide → Can You Sell a House While Probate Is Still Open? Often yes — here is how it actually closes. Read the guide → What a Personal Representative Can and Can’t Do For the sibling who got the job. Read the guide → How Long Does Probate Take in Florida — Really? Honest ranges, and what makes cases drag. Read the guide → Florida Probate Costs: Who Actually Pays Court fees, attorney fees, and the estate’s wallet. Read the guide →
Have a Probate Property on Your Hands?
Tell us where the estate stands — even if that answer is 'we have no idea yet.' We will explain what an as-is sale could look like and when the estate would be able to close one.
- No obligation and no pressure — ever
- House can be sold as-is, belongings and all
- We coordinate with your probate attorney and title company
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