Do you Need an Attorney to Sell a House in Probate in Florida?

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Florida Probate Law

If the home was owned solely by the deceased person, the court must authorize the personal representative to act on behalf of the estate. An attorney typically prepares and files the necessary paperwork so the property can legally be listed and sold.

Once the court grants that authority, the home can usually be marketed and sold just like any other property.

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When a House is in Probate

If the home was owned solely by the deceased person, the court must authorize the personal representative to act on behalf of the estate. An attorney typically prepares and files the necessary paperwork so the property can legally be listed and sold.

Once the court grants that authority, the home can usually be marketed and sold just like any other property.

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When Probate May Not Be Required

If the property was held in certain ways—such as joint ownership with rights of

survivorship, a trust, or a Lady Bird deed—the home may transfer directly to the

surviving owner or beneficiary, and probate (and an attorney) may not be necessary.

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The Bottom Line

In most Florida probate cases involving real estate, an attorney is required to guide the estate through the legal process and authorize the sale of the property. The good news is that the home can often be prepared and marketed during probate so it is ready to sell once the court approval is granted.

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