A few years ago, I received a call from a Jacksonville homeowner I’ll call Michael. (I’ve changed his name for privacy.)
Michael was a former general contractor who had been living in his family home for about five years. This wasn’t just any house. It was the home he grew up in, and his great-grandfather had built it.
The house had been in his family for generations.
As difficult as it was to let it go, Michael had decided it was finally time to sell.
I met him at the property for a consultation. As we walked through the house, he showed me old family photos and shared some of his favorite memories from growing up there.
During our conversation, I learned that Michael had inherited the home from his mother, who had passed away about five years earlier.
There was just one problem.
The house was still titled in his mother’s name.
Michael had his mother’s will, and the will stated that he was to inherit the property. Naturally, he thought that meant the house was already his.
But a will by itself doesn’t necessarily transfer ownership of real estate.
Before Michael could sell the house, the estate first needed to address the property’s ownership through the appropriate probate process.
He was understandably confused.
“If the will says the house goes to me, why do I need probate?”
It’s a question many Florida families have, and it gets to the heart of what probate actually is.
So, What Is Probate?
Probate is the court-supervised process used to identify and gather a deceased person’s assets, pay valid debts and expenses, and distribute the remaining assets to beneficiaries or heirs.
In simple terms, probate is the legal process for settling someone’s estate after they pass away. In Florida, this process may involve identifying assets, notifying creditors, paying valid debts, and ultimately distributing property to the appropriate beneficiaries or heirs.
Why Does Probate Happen?
One of the easiest ways to understand probate is to think about ownership.
Imagine someone owns a house in Jacksonville solely in their name and then passes away.
The person may have left a will saying who should receive the property, but the deceased owner can no longer sign a deed, enter into a contract, or make decisions regarding the home.
There needs to be a legal process for determining who has authority to administer the estate and how applicable assets should ultimately be transferred.
That’s one of the roles probate can play.
Probate may be necessary to transfer ownership of probate assets to beneficiaries and to wind up the deceased person’s financial affairs.
However, not every asset necessarily goes through probate.
What Assets Go Through Probate in Florida?
Probate generally applies to assets that were owned by the deceased person individually at death or that do not have another mechanism for automatically transferring ownership.
Depending on how they are owned or titled, probate assets might include:
- Real estate
- Bank accounts
- Investment accounts
- Personal property
- Certain life insurance policies or retirement accounts payable to the estate
On the other hand, some assets may pass to another person without probate.
For example, certain jointly owned assets with rights of survivorship or accounts with properly designated beneficiaries may transfer outside the probate estate.
That’s why it’s important not to assume that everything someone owned automatically becomes a probate asset.
What Happens During Probate in Florida?
Every estate is different, but the probate process generally involves several important steps.
1. The Probate Case is Opened
Probate proceedings are generally filed with the clerk of the circuit court in the county where the deceased person lived at the time of death.
The court then oversees the administration of the estate.
2. A Personal Representative May Be Appointed
In Florida, the person appointed by the court to administer the estate is called the Personal Representative.
You may hear people in other states use terms such as “executor” or “administrator.” Florida generally uses the term Personal Representative.
The Personal Representative can have significant responsibilities, including identifying and safeguarding probate assets, addressing valid creditor claims, paying appropriate estate expenses, working with professionals, distributing assets to beneficiaries, and eventually closing the estate.
3. The Estate’s Assets Are Identified
The Personal Representative works to determine what the deceased person owned and which assets are part of the probate estate.
This is where real estate often becomes an important consideration.
If there’s a house involved, questions may arise such as:
- What is the property worth?
- Is the house vacant?
- Is there still a mortgage?
- Who is maintaining the property?
- Does the home need repairs?
- Are there belongings that need to be removed?
- Are there multiple heirs involved?
- Should the estate keep, rent, or sell the property?
These aren’t always decisions that need to be made immediately, but understanding the property’s condition and value can make the next steps much clearer.
What Happens to a House During Probate in Florida?
A house can sometimes be one of the largest assets in an estate.
It can also create some of the biggest responsibilities.
While probate is underway, there may still be expenses associated with the property, including:
- Mortgage payments
- Property taxes
- Insurance
- Utilities
- Lawn care
- Maintenance
- Repairs
- HOA or condominium fees
A vacant property can create additional concerns.
That’s why one of the first practical steps for many families is simply understanding what they have.
What condition is the house in?
What is it worth in today’s Jacksonville real estate market?
What expenses are associated with keeping it?
And what options are available?
Once those questions are answered, the Personal Representative and family can have a much more informed conversation about what to do next.
Can You Sell a House During Probate in Florida?
A property may be sold during the probate process in appropriate circumstances, but the Personal Representative’s authority and the procedures required can depend on the estate and the property.
This is an area where the estate’s probate attorney should provide legal guidance.
From the real estate side, however, families can begin gathering useful information before making a decision.
That might include understanding:
- The property’s current market value
- Its condition
- Repairs that may or may not make financial sense
- What the property could potentially sell for as-is
- What it could potentially sell for after preparation
- The estimated costs associated with each option
The goal shouldn’t be to rush into selling the property.
The goal should be to give the Personal Representative and family enough information to make a sound decision.
Does Having a Will Avoid Probate in Florida?
Not necessarily.
Remember Michael from the beginning of this article? This was exactly what confused him. His mother’s will said he would inherit the house, so he understandably assumed the will itself had transferred ownership to him.
But having a will does not automatically mean an estate will avoid probate.
A will provides instructions regarding how someone wants certain property distributed after death and may nominate someone to serve as Personal Representative. But having a will does not automatically mean there will be no probate proceeding.
The way assets are titled and the nature of the assets can help determine whether probate is necessary.
Likewise, dying without a will does not mean the State of Florida automatically takes everything.
When someone dies without a valid will, Florida’s intestacy laws generally determine who is entitled to inherit probate assets.
How Long Does Probate Take in Florida?
There isn’t one timeline that applies to every estate.
The amount of time probate takes can depend on the assets involved, creditor issues, disputes, the type of administration, and whether property needs to be sold.
Florida has different forms of probate administration, including formal administration and summary administration, as well as a limited procedure known as Disposition of Personal Property Without Administration.
Which process applies depends on the circumstances of the estate.
A probate attorney can help determine which process is appropriate.
Who Helps During the Probate Process?
Probate often involves more than one professional.
Depending on the estate, a family may work with:
- A probate attorney
- Certified public accountant
- Appraiser
- Financial professional
- Real estate professional
- Estate sale company
- Clean-out company
- Contractors or other property professionals
The probate attorney handles the legal side of the estate.
When real estate is involved, a probate-focused real estate professional can help the family understand the property itself—its condition, potential market value, local resources, and the different options available for handling it.
What If You Live Outside Jacksonville?
You don’t necessarily need to live in Jacksonville to begin dealing with a property located here.
Many Personal Representatives and heirs live in another city or state while the inherited property is located in Jacksonville.
That can make seemingly simple tasks much more difficult.
Who checks on the house?
Who meets a contractor?
How do you know what condition it’s actually in?
Who can coordinate a clean-out?
What is the property really worth?
Having a trusted local point of contact can make those responsibilities easier to manage from a distance.
Where Should You Start?
If you’ve recently become responsible for an estate, you don’t have to figure everything out at once.
For legal questions about the estate, your first resource should be a qualified Florida probate attorney.
If there’s a house or other real estate involved, you can also begin gathering information about the property.
Start by understanding:
- The condition of the property
- Its approximate market value
- The ongoing expenses
- Whether anyone is living there
- What options may be available to the estate
You don’t have to decide immediately whether to keep, rent, repair, or sell the property.
Start by understanding your options.
Frequently Asked Questions About Probate in Florida
How long does probate take in Florida?
The length of probate depends on the estate and the type of administration involved. Some estates can be handled relatively quickly, while others may take several months or longer, especially when there are creditor issues, disagreements among beneficiaries, complicated assets, or real estate that needs to be sold.
Does every estate have to go through probate in Florida?
No. Whether probate is necessary depends largely on what assets the person owned and how those assets were titled. Assets with a surviving joint owner or designated beneficiary may pass outside of probate, while assets owned solely in the deceased person’s name may need to go through probate.
Can you sell a house during probate in Florida?
In many situations, yes. A home can be sold while an estate is going through probate, but the Personal Representative’s authority and the specific requirements of the estate matter. Before selling estate property, it is important to work with the probate attorney handling the estate to determine the proper process.
What happens if someone dies without a will in Florida?
When someone dies without a valid will, they are considered to have died “intestate.” Florida law determines who is entitled to inherit probate assets. The exact distribution depends on the deceased person’s surviving family members and circumstances.
What does a Personal Representative do in Florida probate?
The Personal Representative is responsible for administering the probate estate. Their responsibilities may include identifying estate assets, working with the estate’s attorney, addressing creditor claims, managing estate property, and ultimately distributing assets according to the will or Florida law.
What assets may avoid probate in Florida?
Certain assets may pass outside of probate depending on how they are owned or whether a beneficiary has been designated. Examples can include jointly owned property with rights of survivorship, life insurance with a named beneficiary, certain retirement accounts, and assets held in a properly established trust.
Do I need a probate attorney in Florida?
Florida probate can involve legal requirements that vary depending on the estate and type of administration. If you are responsible for handling an estate, a qualified Florida probate attorney can help you understand the legal requirements that apply to your specific situation.
This article is for general educational purposes and is not legal advice. Probate circumstances vary, so consider speaking with a qualified Florida probate attorney about your specific situation.
Helpful Florida Probate Resources
For additional information about probate in Florida, these official resources may be helpful:
Florida Courts – Probate
Official information about Florida probate proceedings, probate assets, and the probate process.
The Florida Bar – Probate Consumer Information
Educational information for Florida consumers about probate administration and related legal matters.
Probate Real Estate Help in Jacksonville, Florida
I’m Dorian Clark, a Certified Probate Real Estate Specialist (CPRES®) serving Jacksonville and Northeast Florida.
After watching my own family navigate probate, I saw firsthand how overwhelming the process can become when real estate is involved.
My role isn’t to provide legal advice. That’s the role of a qualified probate attorney.
My role is to help Personal Representatives and families understand the real estate side of probate including the property’s condition and market value, options for the home, and local resources that may be needed along the way.
Whether you ultimately decide to keep the property, rent it, sell it as-is, make repairs and list it traditionally, or simply need more information before deciding, I’m happy to help you understand your options.
No pressure. Just clear guidance when you need it.
If the estate includes real estate and you’re trying to figure out what to do with it, this is where I can help.