It is one of the first questions families ask me after a loss: "Do we have to wait until probate is completely over to sell the house?" In many Florida estates, the answer is no. The home can often be sold while the estate is still open, as long as the right person has the authority to sign.

Here is how it generally works in St. Pete and Pinellas County.

Tiffany McAlister, Dream Living Florida at Compass

Step one: someone needs authority to sell

In a Florida formal administration, the court appoints a personal representative, often the person named in the will. The court then issues Letters of Administration, the document that gives that person authority to act for the estate. Until those Letters are issued, nobody can sign a contract to sell the home on the estate's behalf.

Does the will give a power of sale?

Many wills give the personal representative a power of sale. When they do, the home can usually be sold without asking the court for separate approval. When they do not, your probate attorney may need a court order first. Either way, your attorney and the title company will confirm exactly what is needed.

Florida homestead can add a step

If the home was the owner's primary residence, Florida's homestead laws may affect who inherits it and how it can be sold. Your attorney may ask the court to determine the property's homestead status before a sale. This is very common and very manageable, it just needs to be handled before closing.

What if the home was in a trust?

If the home was held in a living trust, it usually does not go through probate at all. The successor trustee named in the trust can typically handle the sale directly.

You can get ready while you wait. Even before Letters are issued, we can secure the home, check insurance, plan the clean-out, get a market analysis and line up any repairs, so you are ready to list the day you have authority.

Keep the bills paid

A death does not pause the mortgage, property taxes, HOA fees, insurance or utilities. Keeping them current protects the home and its value. Ask the insurance company about any vacancy rules, too, since many policies change when a home sits empty.

You do not have to do this alone

I help families and personal representatives with the real estate side of an estate, from valuation and clean-out vendors to marketing and closing, and I work closely with a trusted local elder law attorney who handles probate. Many of my estate clients live out of state, and everything can be handled remotely.

For a step-by-step checklist, download my free guide, Inherited a Home in Florida?, or visit my Probate and Inherited Homes page. You can also call me anytime at 727-418-5756.

This article is general information, not legal or tax advice. I am a licensed Florida real estate professional with Compass, not an attorney. Please talk with a Florida probate attorney and a CPA about your situation.