Your questions about Florida probate — answered.

It depends on the type of probate. Summary Administration — used for smaller estates (generally under $75,000 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.

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. Florida requires probate to transfer title for most real property after death.

Exceptions include property held in a living trust, property held as joint tenants with right of survivorship, or property with a recorded Lady Bird Deed (enhanced life estate deed). A probate attorney can review the title and tell you which rules apply.

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.

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.

A professional appraisal dated at or near the date of death documents 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.

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.

Local estate sale companies can handle large volumes of household goods. Junk haul-away services can clear what doesn’t sell. Amanda has trusted vendor referrals for cleanouts, estate sales, and professional organizing in the Palm Beaches area.

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.

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.