How do you sell an inherited house in Lakeland during probate?

You can sell an inherited Lakeland house during probate once the right person has authority to sign. In most estates that is the personal representative the court appointed. If the will gives that person power to sell, a court order may not be needed. If not, the court usually has to approve the sale.

Who has the authority to sign?

Being named in the will, or being the oldest child, does not by itself let you sell the house. For a Lakeland property, probate runs through the Clerk of Court in Polk County, and the county seat is Bartow. When the court appoints a personal representative, it issues letters of administration. The title company will ask for those letters before it closes.

If an attorney has not been hired yet, that is usually the first call. In Florida, most personal representatives need one, and the attorney can tell you what the estate needs before anyone signs a contract.

When does the court have to approve the sale?

Read the will first. Under Florida law, a personal representative can sell real estate without a court order if the will gives a specific power to sell it, or a general power to sell estate assets. Without that language, the sale needs court authorization or confirmation, and title does not pass until that happens.

That difference can change your timing more than anything else in this article. Ask the attorney which path applies, and give any buyer the honest answer. A sale that depends on a court order should say so in the agreement.

Was the house your parent's homestead?

This is the Florida question that catches people off guard. If the person who died lived in the house as a permanent home, Florida's homestead rules may control who receives it, and it can be handled differently from the rest of the estate. Sometimes that changes who has to sign the deed.

Do not assume the answer from the will alone. Ask the probate attorney whether the house is protected homestead and what the title company will want to see. Some estates also qualify for a shorter process called summary administration, usually when the estate is small or the death was more than two years ago. The attorney can tell you whether yours does.

What should happen to the house in the meantime?

Someone has to look after the house during probate. Keep it insured, and tell the insurer if it is sitting empty, because that can affect your coverage. Keep the utilities that protect it on, and keep track of the taxes. Polk County summers are hard on a closed-up house, so have someone check it for leaks and humidity.

You do not have to empty it before a sale to us. At least half of the houses we walk through need a real cleanout, so nothing you find there will surprise us. Take what you want and leave the rest.

What if the family doesn't agree?

We spoke with a sister who lived out of state and wanted to sell the house she and her brother inherited. It needed several repairs and had become a burden. He had stayed in their father's house for about two years and did not want to sell at first. We talked with both of them. Moving was his biggest worry, so she helped him relocate near her for a fresh start, and we provided movers in that case.

Movers are not part of every sale, and every family is different. If someone will not sign, ask what worries them about selling and start there.

Get an offer while probate is moving

You do not have to wait for probate to finish to find out what the house would bring. Send Mal the address, where the estate stands and who is handling it. We buy Lakeland houses as they sit. Our cash offer is FREE, our purchase has no closing costs or realtor fees, and we can close in 30 days or work with the court's timeline. Call or text (443) 806-8068.

Related reading

These pages cover the local cash purchase and the first steps with an inherited house.

Sell your Lakeland house as-is for cash

Selling a house in Polk County, Florida

What to do first with an inherited house