In this guide
1. First: check for a Lady Bird deed
Florida recognizes the enhanced life estate deed — nicknamed the Lady Bird deed. If the deceased recorded one, the property passed automatically at death to the named beneficiaries, no probate required. Search the county's official records before assuming you need a court process; you may only need to record a death certificate.
2. Formal vs. summary administration
Unlike Texas, Florida has no affidavit-of-heirship shortcut for real estate. But probate comes in two very different sizes:
- Summary administration — available when the estate subject to probate is worth $75,000 or less, or the death occurred more than two years ago. No personal representative is appointed; the court simply orders assets distributed. Weeks to a few months, and much cheaper.
- Formal administration — the full process with an appointed personal representative. Required for larger, recent estates. Expect several months minimum, and Florida requires an attorney for nearly all formal administrations.
3. Homestead: Florida's special rules
Florida homestead property lives under its own constitutional rules. If the property was the deceased's primary residence: it's generally protected from most creditors' claims even after death; if there's a surviving spouse or minor child, the law restricts who it can pass to regardless of the will; and it may pass outside the ordinary probate estate. Whether the property was homestead changes the entire strategy — it's the first question a Florida probate attorney (or our title team) will ask.
4. Out-of-state heirs and ancillary probate
Two common cross-border situations: heirs living outside Florida inheriting Florida property (everything happens in the Florida county where the property sits — you don't need to travel; signings happen with mobile notaries), and a deceased person who lived in another state but owned Florida real estate — that generally requires ancillary administration in Florida on top of the home-state probate. We coordinate both regularly for out-of-state families.
5. Tax certificates and tax deed auctions
Florida sells tax certificates on delinquent property each June. After holding a certificate for two years, the holder can apply for a tax deed, forcing the property to public auction. Surplus proceeds above the taxes owed belong to the former owners — but families routinely lose far more value at auction than a direct sale would have preserved. HOA and municipal liens complicate things further; we pay all of these at closing.
6. Selling your heir interest
Florida adopted the Uniform Partition of Heirs' Property Act, giving family co-owners appraisal and buyout rights if a partition is ever filed. And your own inherited interest can generally be sold on its own — subject to the estate's administration — without the other heirs' consent. We buy individual interests and can often begin the purchase while probate is still pending.
7. Your step-by-step checklist
- Search county official records for the deed and any Lady Bird deed.
- Determine homestead status — it drives everything else.
- Check the tax collector for certificates or a pending tax deed application.
- Ask if you qualify for summary administration (value under $75k or death 2+ years ago).
- Get a Florida probate attorney or a specialized buyer to map the path.
- Close through a licensed title company; sign with a mobile notary wherever you live.