Can I sell a house while it's in probate in Fort Lauderdale?

If you own a house in Fort Lauderdale, FL and you are dealing with inherited property, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Fort Lauderdale and how sales are handled in FL, not generic national advice.

Direct Answer

Yes, you can sell a house while it is in probate in Fort Lauderdale, Florida. You do not have to wait for the entire probate process to finish before you list the home for sale or even close the deal. However, you must follow specific legal steps, including getting permission from the Broward County probate court or having the right authority written into the deceased person's will.

Key Details

Selling an inherited home is a bit different than a normal house sale. Because the owner has passed away, the court must oversee who has the right to sign the legal papers. In Florida, this person is called the Personal Representative (in other states, they are often called the executor).

The Role of the Personal Representative

To start the sale, a judge must first appoint a Personal Representative. This person is the only one who can legally hire a real estate agent and sign a contract with a buyer. Even if you are the only child or the person named in the will, you cannot sign anything until the court gives you Letters of Administration. These letters are the official 'green light' from the judge.

How the Sale Happens

There are two main ways the sale is handled based on the will:

1. Power of Sale: If the will specifically says the Personal Representative has the 'Power of Sale,' they can often sell the house without asking the judge for permission every step of the way.
2. No Power of Sale: If there is no will, or if the will doesn't mention selling property, the Personal Representative must file a Petition to Sell Real Property. The judge will review the sale price and terms to make sure they are fair to everyone involved. Once the judge signs an Order Authorizing Sale, the closing can move forward.

Dealing with Homestead Property

In Florida, a person's primary home (their 'homestead') gets special legal protection. If the house was the deceased person's permanent home, it is often not used to pay off general creditors (like credit card companies). Because of this, the house might technically 'exit' probate faster through a Petition to Determine Homestead. Once the judge signs this order, the heirs own the home directly and can sell it together without further court oversight of the sale price.

FL-Specific Laws

Florida's probate system is governed by Chapters 731 through 735 of the Florida Statutes.

Types of Probate

Florida has two main ways to handle an estate:

• Formal Administration (Florida Statute 733): This is the 'full' process. As of July 1, 2026, it is required if the value of the assets (not including the home) is more than $150,000 or if the person died less than two years ago and has complex debts. This process usually takes 6 to 12 months, but the house can be sold much sooner.
• Summary Administration (Florida Statute 735): This is a faster 'short-cut' probate. It is available if the non-exempt assets are worth $150,000 or less or if the person has been dead for more than two years. This can sometimes be finished in just a few weeks or months.

Taxes and Gains

• Inheritance Tax: Florida does not have a state inheritance tax or estate tax. This is a big relief for heirs, as you won't owe the state of Florida money just for inheriting a house.
• Stepped-Up Basis: This is a very important tax rule. When you inherit a house, the IRS 'resets' the value of the home to its fair market value on the day the owner died. For example, if your parents bought the house for $50,000 in 1980 and it was worth $500,000 when they died, your 'tax value' starts at $500,000. If you sell it for $510,000 shortly after, you only pay capital gains tax on the $10,000 profit, not the $460,000 growth that happened over 40 years.

Transfer-on-Death Deeds

Unlike some states, Florida did not traditionally allow 'transfer-on-death' deeds for houses. Instead, people often used Lady Bird Deeds (Enhanced Life Estate Deeds) to avoid probate. If the owner didn't have one of these in place, the home must go through the probate process to clear the title.

Fort Lauderdale Local Context

If the deceased person lived in Fort Lauderdale, the probate case will be handled by the 17th Judicial Circuit Court of Florida.

Court Location

Most probate matters for Fort Lauderdale are handled at the Broward County Central Courthouse:

• Address: 201 SE 6th Street, Fort Lauderdale, FL 33301.
• Probate Division: Located on the 3rd Floor, Room 03150.

Local Rules

Broward County has some of the strictest digital filing rules in Florida. They use mandatory 'Smart Forms' for almost every petition. If your lawyer doesn't use these specific digital forms, the court clerk will automatically reject the filing. Additionally, many simple matters (like the petition to sell the house) are handled via Zoom during the judge's 'Uniform Motion Calendar' (UMC), which allows the process to move quickly without you having to go to the courthouse in person.

What You Can Do Right Now

If you need to sell a house in probate in Fort Lauderdale, here are the steps you should take immediately:

1. Find the Original Will: You need the actual paper will with original signatures. Florida law requires you to file this with the Broward County Clerk of Court within 10 days of learning about the death.
2. Hire a Florida Probate Attorney: In almost every Florida probate case, the court requires you to have a lawyer. Because the 17th Circuit (Broward) has very specific digital filing rules, you should find someone who frequently works in Fort Lauderdale.
3. Order an Appraisal: To sell the house, you need to prove the price is fair. A professional appraisal gives the court and the IRS the 'date of death value' needed for taxes and sale approval.
4. Secure the Property: Until the house is sold, the Personal Representative is responsible for it. Make sure the grass is cut, the utilities are paid, and the homeowners insurance is updated to a 'vacant' or 'estate' policy so it doesn't get canceled.
5. Talk to a Realtor: You can start interviewing real estate agents who have experience with probate. They can help you list the home as 'Subject to Court Approval,' which lets buyers know the sale is part of a legal process.