When a property owner dies, real estate they held in their own name doesn’t automatically transfer to their heirs — it typically has to pass through Florida’s probate process first. Understanding the basics matters whether you’re settling an estate, buying from an estate, or doing title research on a property that changed hands this way.
When probate is (and isn’t) required
Probate for real estate is generally required when the decedent held title solely in their own name, or as a tenant in common, without another mechanism already in place to pass the property automatically. Property typically avoids probate when it’s held:
- Jointly with right of survivorship (or as tenants by the entirety between spouses) — it passes automatically to the surviving owner
- In a revocable living trust — it passes according to the trust’s terms
- With a properly executed Lady Bird deed (an enhanced life estate deed), which is commonly used in Florida specifically to avoid probate on a homestead
If none of those apply, the property generally needs to go through the probate court before it can be sold, refinanced, or formally transferred to heirs.
Formal vs. summary administration
Florida offers two main probate paths, and which one applies significantly affects how a property transfer gets documented:
- Formal administration is the standard process. The court appoints a personal representative (executor) and issues Letters of Administration, giving that person legal authority to manage and eventually distribute or sell estate assets, including real estate.
- Summary administration is a faster, more limited alternative available when the value of the estate’s non-exempt assets is $75,000 or less, or when the decedent has been deceased for more than two years. It results in a court order distributing the property directly to beneficiaries, but does not appoint a personal representative — which matters if a title company needs someone with clear legal authority to sign on the estate’s behalf during a sale.
Not every estate qualifies for summary administration, and choosing the wrong path can slow down a transaction significantly, so this is one of the areas where working with a probate attorney pays for itself.
Homestead property gets special treatment
If the decedent’s primary residence qualified as their Florida homestead, it’s often treated differently from other probate assets — in many cases passing directly to a surviving spouse or heirs by operation of law, and protected from most creditor claims of the estate. Homestead status can also affect whether the property needs to go through probate administration at all, or can be addressed through a more limited proceeding to formally determine homestead status. Because the rules around homestead descent are specific and the consequences of getting them wrong are significant, this is genuinely an area to involve an attorney rather than assume based on general rules.
What this means for a title search or purchase
If a chain of title shows a transfer out of an estate, a buyer or title company will typically want to see:
- The recorded Letters of Administration (for formal administration) showing who had authority to sign
- Or the recorded Order of Summary Administration distributing the property directly
- Confirmation that any estate debts or claims that could affect the property have been resolved or the applicable claims period has run
Missing or incomplete probate documentation in the chain of title is a common reason a sale gets held up — it’s worth identifying early in a title search rather than at the closing table.
Where probate records are filed
Probate cases are filed with the Clerk of Court in the county where the decedent resided at the time of death, and are searchable through that county’s probate or civil case records index — the same office that holds deeds, mortgages, and liens. RefPages’ County Records directory links to each county’s Clerk of Court, where probate case search is typically available either through the general official records search or a dedicated probate/court records portal.
This guide covers the general framework; every estate has its own facts, and Florida probate and homestead law have enough nuance that a licensed Florida probate attorney should review any transaction involving estate real estate before you rely on it.