Quick Answer
When someone dies in Florida, property that was owned solely in their name usually must go through probate before it can be transferred to heirs.
During probate, the court oversees the process of:
- Identifying the deceased person’s assets
- Paying outstanding debts and creditors
- Distributing the remaining property to heirs or beneficiaries
The property is managed by a court-appointed personal representative until the estate is settled.
If you’re unfamiliar with the probate process itself, you can read our guide explaining how long probate typically takes in Florida.
What Property Goes Through Probate in Florida?
Not all property must go through probate. Generally, assets owned solely by the deceased person without a designated beneficiary will become part of the probate estate.
Examples of property that commonly goes through probate include:
- Real estate owned solely by the deceased
- Bank accounts without beneficiaries
- Vehicles titled in the deceased person’s name
- Personal belongings and household items
- Investments without transfer-on-death designations
In many cases, the most valuable asset in the estate is the home.
If the estate includes real estate, many families eventually need to decide how to sell an inherited house in Florida.
What Property Does NOT Go Through Probate?
Some types of assets bypass probate completely.
Examples include:
- Property held in a living trust
- Jointly owned property with rights of survivorship
- Accounts with payable-on-death beneficiaries
- Life insurance policies with named beneficiaries
- Retirement accounts with designated beneficiaries
These assets typically transfer directly to the named beneficiary without court involvement.
Who Controls Property During Probate?
During probate, the property is controlled by the personal representative of the estate.
This person is appointed by the probate court and receives legal authority through Letters of Administration.
The personal representative is responsible for:
- Protecting estate assets
- Paying creditors and taxes
- Managing real estate
- Distributing assets to heirs
Sometimes this includes selling property if the estate needs to pay debts or divide assets among heirs.
Can a House Be Sold During Probate?
Yes, in many cases a home can be sold while probate is still in progress.
The personal representative may be allowed to sell the property with court approval, especially if:
- The estate needs to pay debts
- The heirs want to divide the proceeds
- The property is vacant or costly to maintain
We explain this process in detail in our article about selling a house before probate is finished in Florida.
Who Pays the Mortgage During Probate?
One of the most common questions families have involves the mortgage.
Even after the homeowner dies, the mortgage does not disappear. Payments must continue while the property is in probate.
Responsibility for the mortgage may fall on:
- A surviving co-borrower
- The estate
- The heirs who inherit the property
You can learn more about how mortgages are handled after death in our article on what happens to a mortgage when someone dies in Florida.
What Happens If Multiple Heirs Inherit Property?
When multiple heirs inherit a home, disagreements sometimes occur.
For example:
- One heir may want to sell the house
- Another may want to keep it
- Someone may want to live in the home
- Others may want to divide the proceeds
In situations like this, it’s important to understand whether all heirs must agree to sell an inherited house in Florida.
What Happens to the Property After Probate Is Finished?
Once the probate process is complete, the property will be transferred according to the will or Florida inheritance laws.
At that point, heirs may choose to:
- Keep the property
- Rent the property
- Sell the property and divide the proceeds
Before selling, families often need to organize the home and sort through personal belongings.
Our guide explains how to clean out a parent’s house after death.
Final Thoughts
In Florida, property that is owned solely by someone who has passed away usually must go through probate before it can be transferred to heirs.
During probate, the court supervises the estate while the personal representative gathers assets, pays debts, and distributes property according to the will or Florida law.
Understanding what happens to property during probate can help families avoid confusion and make informed decisions about inherited real estate.
The Florida probate process is a court-supervised process used to identify assets, pay debts, and distribute property to heirs or beneficiaries. Florida Bar also provides consumer resources explaining how probate works.
Justin Murphy is a Southwest Florida real estate professional and co-founder of SWFL Estate Solutions. He focuses on helping families manage inherited and estate properties throughout the region, especially when the process involves probate, multiple heirs, or out-of-state ownership. Justin works directly with families to coordinate the transition of estate property—from preparing the home for sale to navigating the closing process. He lives in Southwest Florida with his family and enjoys helping people find practical solutions during what can often be an overwhelming situation.
