Your questions about Florida probate — answered.

It depends on the type of probate. Summary Administration — used for smaller estates (generally under $150,000 in non-exempt assets or when the decedent has been deceased more than two years) — can be completed in as little as 4–8 weeks.

Formal Administration, used for larger estates, typically takes 6–12 months, though complex estates can run longer. Your probate attorney will identify which applies.

Yes, often. You can begin cleaning out the property, obtaining appraisals, doing minor repairs, and even interviewing REALTORS® before probate is fully complete.

In most cases, you cannot actually close on a sale until the personal representative has been appointed and (depending on the estate) court authority is granted. Amanda coordinates these parallel workstreams so you’re ready to list the moment the legal side permits.

Summary Administration is a faster, simpler probate process available for smaller estates or when the decedent has been deceased more than two years. It skips many of the formal steps required in Formal Administration.

Formal Administration is the standard process for larger estates and requires court-appointed personal representative, creditor notice periods, and full inventory.

The type you need is determined by estate size and circumstances — your probate attorney will advise. For a full walkthrough of how each process actually works, including the Palm Beach County court steps, see Florida Probate Procedure & Rules.

Common causes include will contests among heirs, creditor claims, missing documentation, out-of-state heirs needing to be served, title issues on real property, disputed valuations, and court scheduling backlogs.

Being organized from the start — and working with a REALTOR® who understands the legal timeline — dramatically reduces avoidable delays.

In most cases, yes — but there are real exceptions, and homestead is the big one.

Property held in a living trust, held as joint tenants with right of survivorship, or transferred by a recorded Lady Bird Deed (enhanced life estate deed) passes automatically with no court process at all.

Homestead property is different: Florida law says it passes outside the probate estate automatically at death, but heirs typically still need a Petition to Determine Homestead Status filed in probate court — a lighter, faster proceeding than full administration — before a title company will insure a sale. A probate attorney can review the title and tell you which category your situation falls into.

For a full walkthrough of all three paths — including what to do if no court process applies to you — see Do You Need Probate to Sell an Inherited Home?

For Formal Administration, Florida law requires a licensed attorney to represent the personal representative. Summary Administration can sometimes be done without an attorney, but most families choose to work with one given the legal complexity.

Amanda works alongside probate attorneys regularly and can provide referrals if you don’t already have one.

When someone dies without a will in Florida, they are said to have died intestate, and the estate is distributed according to Florida’s intestacy statutes. Generally, the spouse and children inherit first, followed by parents, siblings, and more distant relatives.

Probate is still required, and the court appoints a personal representative. This process is often more complex than when a will exists, making legal guidance especially important.

Florida homestead protection is complex and one of the most commonly misunderstood aspects of probate. If the property qualified as the decedent’s homestead, it may pass outside the normal probate process and be protected from certain creditor claims — but this depends on the decedent’s marital status and whether minor children are involved.

Homestead status also affects property taxes for the new owner. This is a situation where a Florida probate attorney’s guidance is essential.

This is common with snowbirds, seasonal residents, and families who relocated but kept a Florida property. If the decedent’s primary probate case is being handled in another state, Florida still requires its own, separate probate proceeding — called ancillary administration — before real property located in Florida can be sold or transferred.

Ancillary administration runs alongside the primary probate case in the decedent’s home state and addresses only the Florida-titled assets, most often real estate. It typically requires a Florida-licensed probate attorney and, in many cases, authenticated copies of the will and the personal representative’s appointment from the home-state court. Amanda works with out-of-state heirs regularly and can coordinate with both the Florida attorney handling ancillary administration and family members managing the primary estate elsewhere, so the property sale timeline stays aligned with both proceedings.

When you inherit real estate, the IRS generally resets (“steps up”) the property’s cost basis to its fair market value on the date of the decedent’s death. This can dramatically reduce — and in many cases eliminate — capital gains tax when you sell the home, because capital gains are calculated from the stepped-up basis rather than the decedent’s original purchase price.

Amanda can provide a date of death valuation to help document this basis. Always consult a CPA for your specific tax situation.

Thanks to stepped-up basis, many heirs owe little or no capital gains tax when selling soon after inheritance — because the sale price is compared to the fair market value at date of death, not the decedent’s purchase price.

If the home appreciates significantly between the date of death and when you sell, you may owe tax on that appreciation. Timing, basis documentation, and use of the property (primary residence, rental, or vacant) all affect the outcome. A CPA should advise on your specific tax picture.

Mortgages, equity lines, property tax liens, and other secured debts generally remain attached to the property and must be satisfied from sale proceeds.

Under federal law (the Garn-St. Germain Act), heirs typically have the right to assume or continue paying an existing mortgage rather than being forced to pay it off immediately. Unsecured debts of the estate may also be paid from proceeds, depending on creditor claims. Your probate attorney will prioritize these properly.

If the will specifies shares (e.g., “equally among my three children”), those proportions apply after estate debts, closing costs, and expenses are paid. If there is no will, Florida intestacy rules determine shares.

Proceeds are typically distributed by the personal representative after the sale closes and the court approves final accounting. Disputes among heirs — about listing price, timing, or repairs — are common and are one of the areas where a neutral REALTOR® adds the most value.

It can. Homeowners’ and condo associations can file a lien against a property for unpaid dues, special assessments, or other charges that accrued before or during probate — and that lien attaches to the home regardless of who now owns it.

In most cases these liens are resolved from sale proceeds at closing, the same way a mortgage or tax lien would be handled, so they don’t necessarily delay a sale once they’re identified. Amanda pulls the estoppel letter early and coordinates with the estate attorney to confirm exact payoff figures before closing, so there are no surprises at the settlement table.

Often, yes — and it’s one of the things heirs least expect. Florida’s Save Our Homes (SOH) assessment cap limits how much a homesteaded property’s assessed value can increase each year, which can keep the assessed value well below current market value if the owner lived there a long time. That cap is tied to the homestead owner, not the property itself.

When the property passes to a non-spouse heir, the SOH cap is removed and the county reassesses the home at current market value the following tax year. For a long-held family home, that can mean a substantial jump in property taxes for whoever inherits and keeps it — often catching heirs off guard, since the parent’s low tax bill can create the impression the home is more affordable to hold onto than it will be under new ownership. Anyone deciding whether to keep or sell an inherited home should factor in the post-reassessment tax bill, not just the current one. The county property appraiser’s office can provide an estimated reassessed value.

Start by securing important documents (wills, deeds, tax records, insurance policies, financial statements). Then work through the home in phases — keepsakes first, then items to distribute among heirs, then donations, then estate sale items, then disposal.

Amanda coordinates a trusted, vetted network of vendors for cleanouts, estate sales, and preparing the property for market — so you’re not left finding and managing contractors on your own.

For probate inventory purposes, most estates use either a licensed appraisal or a REALTOR®-prepared Comparative Market Analysis (CMA) dated at or near the date of death. This valuation also supports the stepped-up basis for tax purposes.

For list price when selling, a second CMA closer to the listing date reflects current market conditions. Amanda provides both — a date-of-death opinion of value for the estate file and a current-market analysis for pricing strategy.

It depends on the home’s condition, the local market, and the estate’s situation. Out-of-state heirs, strict timelines, or complex family dynamics often favor as-is sales.

Well-maintained homes in strong markets may benefit from modest cosmetic updates (paint, carpet, landscaping) that generate outsized returns. Amanda walks each property and gives you an honest read on which strategy maximizes net proceeds for your specific situation — no blanket recommendations.

This comes up often with inherited homes, especially in Florida. Insurers can decline to write a new policy — or a lender can decline to insure one — on a home with an aging roof, outdated electrical or plumbing, or other flagged conditions, which in turn can prevent a traditional financed buyer from closing.

That risk is exactly the kind of factor Amanda weighs when walking a property and discussing the as-is vs. list-and-repair decision with heirs, since it can shift which buyer pool (cash vs. financed) realistically makes sense. See Selling Options for an Inherited Home for a full breakdown.

Amanda’s paralegal background means she speaks the language of probate law fluently. With the personal representative’s written permission, she communicates directly with your attorney on timeline coordination, document handoffs, title review, and closing logistics.

This eliminates the back-and-forth that usually slows probate sales, because Amanda already understands what the attorney needs and when.

Out-of-state heirs are common, and Amanda handles these transactions regularly. She provides virtual walk-throughs, manages local vendors (cleanouts, estate sales, repairs, inspections), offers remote document signing via secure e-signature platforms, and can represent the estate at the physical closing if authorized.

Most clients never need to fly in — unless they want to.

Amanda’s representation operates on a standard listing commission structure — the same terms you’d see on any Florida real estate transaction. Commission is paid from sale proceeds at closing, so there are no upfront costs to the estate.

The added paralegal expertise, attorney coordination, and probate-specific process management come at no extra charge — they’re part of why clients and attorneys refer probate cases to her.