When a loved one dies owning property in Florida, their house or land doesn’t automatically pass to the next person in line. It depends on how the property was titled, whether a will exists, and how quickly the probate process is started. Wait too long, and you risk property damage, legal issues, and extra court complications.
Probate vs. Non-Probate Transfers in Florida
In Florida, there are two basic categories of real estate after death:
- Probate property is owned solely by the deceased person. Probate is required to legally transfer it.
- Non-probate property is set up to pass automatically, like real estate owned jointly with survivorship rights, held in a trust, or transferred via a Lady Bird deed.
If the property was titled only in the decedent’s name, probate is necessary, even if there’s a will. A will doesn’t transfer ownership on its own; it tells the court who should receive the property. Probate makes that legal. On the other hand, jointly owned property with survivorship rights passes directly to the surviving co-owner, outside of probate.
How Long Do You Have to Transfer Property?
1. Deposit the Will (If One Exists)
Florida law requires the custodian of the will to file it with the local court within 10 days of learning about the death (Fla. Stat. § 732.901). There’s no fee to file it.
2. Open Probate
There’s no strict deadline, but it’s smart to open probate quickly. Unpaid mortgage bills, insurance lapses, and tax issues don’t wait. If you delay, the property could fall into disrepair or default.
3. Creditor Period
Once probate starts, the personal representative must notify creditors. After that, there’s a 3-month window (Fla. Stat. § 733.702) for them to file claims. You can’t distribute or transfer most property until this period expires.
4. Full Timeline Estimate
- Formal probate: 4 to 12 months (sometimes more)
- Summary administration: 4 to 8 weeks (for estates under $75K or if death occurred over 2 years ago)
- Creditor protection expires after 2 years (Fla. Stat. § 733.710). After that, claims are usually barred.
5. What About Homestead Property?
Florida’s homestead laws give surviving spouses and children rights to the family home, even if the will says otherwise. In most cases, you’ll still need a court order to establish who legally owns it, even though it may be exempt from creditors.
The Personal Representative’s Role
The personal representative (sometimes called the executor) is the individual appointed by the Florida probate court to administer the estate. Their job is to ensure that debts are paid, legal requirements are met, and the deceased person’s assets, including real estate, are properly distributed.
Who Can Serve as Personal Representative?
Florida law limits who can serve in this role. To qualify, a person must either:
- Be a Florida resident, or
- Be a close relative of the deceased (such as a spouse, parent, child, or sibling)
Out-of-state friends, business partners, or unrelated individuals generally cannot serve unless they meet one of those criteria. If the named person in the will isn’t eligible, the court will appoint someone else, usually a qualified family member or attorney.
What Does the Personal Representative Actually Do?
Once appointed, the court issues Letters of Administration, giving the personal representative legal authority to act on behalf of the estate. Their responsibilities include:
- Securing and maintaining the property (e.g. paying the mortgage, keeping insurance active, handling HOA dues)
- Notifying known creditors and publishing a Notice to Creditors in a local newspaper
- Paying valid debts, including property taxes or any liens on the home
- Petitioning the court for approval to sell the property, if needed
- Distributing the property to heirs if it’s not being sold
- Preparing and executing a personal representative’s deed to legally transfer title
Homestead Property Considerations
If the home qualifies as the deceased person’s Florida homestead, the personal representative must petition the court to confirm its status. This step is critical because homestead property passes to certain heirs by law and may be exempt from most creditor claims. The court’s order determining homestead status becomes part of the public record and helps clear title for the next owner.
Can the Personal Representative Sell the Property?
Yes, in many cases. If the will allows it, or if selling is necessary to pay off debts, the personal representative can sell the property during probate. Proceeds go into the estate, where they’re used to settle debts or distributed to heirs.
If the property is instead being transferred to an heir, the personal representative signs a personal representative’s deed, which legally conveys title from the estate to the new owner. This deed is recorded in the county’s official records.
Why Legal Guidance is Critical
The personal representative is a fiduciary, which means they can be held legally responsible for mistakes. Failing to pay a debt, missing a deadline, or distributing property too early can expose them to lawsuits. Florida law typically requires personal representatives to be represented by an attorney during formal probate. The attorney helps ensure that the estate complies with court rules, meets deadlines, and avoids liability.
Frequently Asked Questions
Do I always need probate to transfer a house?
Not always. If the property was held in joint tenancy with rights of survivorship, owned in a trust, or transferred via a Lady Bird deed, it may pass directly to the next owner without probate. But if the property was titled solely in the deceased person’s name, probate is almost always required-even if there’s a valid will.
How long before we can transfer or sell the property?
In a formal probate case, you must wait at least three months for the creditor claim period to expire. Most estates take 4 to 12 months total. In a summary administration, which applies to small estates or cases where the decedent has been dead for over two years, the process can take as little as 4 to 8 weeks.
What if there are outstanding debts?
Valid debts must be resolved before any property is distributed. That includes mortgages, tax liens, or other creditor claims. However, Florida homestead property is typically protected from most unsecured creditors and may still pass to a surviving spouse or heirs, depending on the situation.
What is a personal representative’s deed?
This is a legal document signed by the personal representative to transfer title from the estate to an heir or buyer. It is recorded in the official county records and is required to formally change ownership of the property.
The deceased lived elsewhere but owned property in Florida. Now what?
You’ll need to open an ancillary probate in Florida to legally transfer or sell that property. Even if the main probate is happening in another state, Florida courts must authorize the transfer of Florida real estate.
Do I really need a lawyer?
Yes. Florida probate law usually requires a licensed attorney to represent the personal representative in formal probate cases. Even in summary administration, legal guidance helps avoid delays and ensures the property transfer is done correctly.
When to Get a Florida Attorney Involved
Florida law doesn’t impose a strict deadline for transferring real estate after someone passes, but that doesn’t mean you have unlimited time. Property upkeep costs, potential legal issues, and creditor timelines start immediately. Whether the home will be inherited, sold, or held in the family, it’s critical to act early and get legal guidance.
At Florida Real Estate Lawyer, I help families navigate probate and real estate transfers with clarity and confidence. If you’re facing this situation and want to avoid costly mistakes, call us today to talk through your next step.
