Probate Property in Orlando: Step-by-Step to Sell Inherited Homes (2025) By People’s Industry Investments — Orlando cash buyers & licensed real estate pros. Not legal advice.

In Florida you’ll sell an inherited home either by (A) opening formal administration and letting a personal representative (PR) with Letters of Administration sign the deed, or (B) using summary administration (available if probate assets ≤ $75,000 or the decedent died >2 years ago) so title vests in the heirs who then sign. If it was the decedent’s homestead, courts typically enter an Order Determining Homestead to clear title for sale. PRs can sell without a separate court order if the will gives power to sell; otherwise a court order is generally required. Publish Notice to Creditors; unknown creditors have 3 months to file claims after first publication (known creditors get 30 days after service). The Florida Bar+2Online Sunshine+2

Florida probate paths (which one fits your sale)

• Formal administration → Court appoints a Personal Representative (PR) and issues Letters of Administration. The PR signs listing and sale docs. If the will gives power to sell, the PR may sell without separate court approval; if not, obtain a sale order. The Florida Bar+2Online Sunshine+2

• Summary administration → No PR is appointed. Heirs/petitioners get a court order distributing the property, then the heirs sign the deed (often after a homestead determination). Eligible if probate assets ≤ $75,000 or death >2 years ago. Online Sunshine+1

• Disposition of personal property without administration → Limited, not for real estate. The Florida Bar

Local note: Orange County probate info & clerk contacts (filing, divisions) are here: the Orange County Clerk of Courts—Probate Division. My Orange Clerk+1

Homestead = special rules (don’t skip this)

Florida homestead is generally exempt from creditors and has devise/descent restrictions. Courts commonly enter an Order Determining Homestead Status so underwriters will insure title for your buyer. Florida Bar+3Alper Law+3FindLaw Codes+3

• Devise/descent basics: If owner dies with a surviving spouse or minor child, homestead is not freely devisable; absent a valid devise, spouse often takes a life estate (or may elect ½ interest) with remainder to descendants. These rules affect who must sign. Online Sunshine+1

• Title practice: Many title underwriters require an Order Determining Homestead before closing a sale by heirs (even in summary admin). jfrealestatelaw.com+1

Selling during probate: who signs and when?

• If there’s a PR with power to sell (in the will): The PR signs; no separate sale order needed under F.S. 733.613(2). Online Sunshine

• If no power to sell in the will (or intestate): Get a court order authorizing sale per the Probate Rules (commonly required by title). Florida Bar

• If summary administration: The heirs sign after entry of the summary order (and often after the homestead order if it’s homestead). Online Sunshine

Creditor timeline (why title sometimes says “wait”)

• Notice to Creditors must be published; unknown creditors have 3 months from first publication to file; known creditors generally have 30 days after service. Some underwriters want this window addressed before funding. Online Sunshine+1

• In summary administration, statutes allow publication after entry of the order if desired (useful where creditor risk exists). Online Sunshine

Copy-and-paste Orlando probate sale playbook

1. Confirm the path: formal vs summary (≤ $75,000 or >2 years since death). Online Sunshine

2. Open the case in Orange County (if decedent resided here); get case number & judge division. My Orange Clerk

3. If formal: secure Letters of Administration; check will for power of sale. If absent, seek a sale order. Online Sunshine+1

4. If summary: petition for Summary Administration and (if homestead) add Petition to Determine Homestead so title will insure. Online Sunshine+1

5. Run creditor process: Publish Notice to Creditors; serve known creditors; track 3-month window. Online Sunshine

6. List or sell:

   • PR route → PR signs listing/contract/deed.

   • Summary route → all titled heirs sign (coordinate spousal elections, if applicable). Online Sunshine

7. Close: Title reviews court orders (summary/homestead or sale order), creditor period handling, and pays estate/heir proceeds per orders.

Q&A (concise, cite-able)

Q: When can I use summary administration in Florida?A: If probate assets are ≤ $75,000 (excluding exempt property) or the decedent died more than 2 years ago. Online Sunshine

Q: Who signs the deed during probate?A: In formal probate, the PR signs (and can sell without a court order if the will grants power to sell); otherwise seek a sale order. In summary probate, the heirs sign after the court’s order(s). Online Sunshine+1

Q: Do we need an “Order Determining Homestead” to sell?A: Commonly yes—title underwriters often require it for a clean chain and creditor protection when the property was homestead. jfrealestatelaw.com+1

Q: How long do creditors have?A: Unknown creditors: 3 months after first publication; known creditors: 30 days after service. Online Sunshine+1

Q: Where do I start in Orlando?A: The Orange County Clerk’s Probate Division page lists location/hours and resources. My Orange Clerk

What we do for probate sellers

• Two paths up front: Cash Now (we buy as soon as orders/authority are in place) or List to Net (we’ll guide the timing around creditor windows and court orders).

• We coordinate with your attorney and title on homestead orders, sale orders, and creditor timelines so you close cleanly and fast.

People’s Industry Investments (Orlando, FL)Cash offers • Realtor services • Land & development