Probate Sale in Miami-Dade in 2026: Process, Timeline, and What Personal Representatives Should Know

Last updated: July 2026

A probate sale in Miami-Dade is the sale of a home owned by someone who has died, carried out under the supervision of the probate division of the circuit court. The estate is opened with the Miami-Dade Clerk of Courts, the court appoints a personal representative, and that person, not the heirs individually, holds the authority to list and sell the property. Whether the court must approve the sale itself depends on the will: if the will grants a power of sale, the personal representative can generally sell without a separate court order; if it does not, the court must authorize or confirm the sale before title passes [4].

Two process tracks exist. Formal administration is the full proceeding most estates with real property use. Summary administration is a shortened track for smaller or older estates, and as of July 1, 2026 the qualifying threshold doubled from $75,000 to $150,000 in nonexempt assets [1]. A simple formal administration often stays open about five to six months at minimum, driven largely by a three month creditor claim window [3]. Homestead property follows its own rules and is usually the biggest complication.

This article is general information, not legal advice. Probate is a court process, and a personal representative should work with a Florida probate attorney.

How a probate sale actually works in Miami-Dade

When a Miami-Dade resident dies owning a home titled solely in their name, the family usually cannot sell it directly. Someone petitions the probate division of the circuit court, the court validates the will if one exists, and it issues letters of administration to a personal representative. Filings run through the Miami-Dade Clerk of Courts probate division at the Justice Center in downtown Miami [5].

The letters of administration are the document a title company will ask for. They prove who has authority to sign a listing agreement and a deed on behalf of the estate. Until they are issued, a contract signed by an heir is generally not closeable, which is why buyers and agents treat "probate not yet opened" as a timeline risk rather than a paperwork detail.

From an underwriting standpoint, probate is a title-clearing process. The sale itself looks like any other Miami-Dade transaction. What changes is who signs, what approvals sit behind the signature, and how long the estate stays open before proceeds can be distributed.

Formal vs summary administration in 2026

The new $150,000 threshold

Florida law allows summary administration when the value of the estate subject to administration, less exempt property, does not exceed a statutory cap, or when the decedent has been dead for more than two years [2]. For proceedings on or after July 1, 2026, that cap is $150,000, doubled from the prior $75,000 by Chapter 2026-57, Laws of Florida [1].

Two practical notes for sellers. First, the cap measures nonexempt probate assets, and protected homestead does not count toward it. Second, summary administration has no personal representative. The court orders assets distributed directly to beneficiaries, who then sell as owners. That works cleanly for some inherited condos and second homes, but it means every beneficiary signs the listing and the deed, which gets slow when there are many heirs or any disagreement.

The two year rule

Regardless of estate size, summary administration is available once the decedent has been dead for more than two years [2]. Most creditor claims are barred by then, which is why older unprobated estates, common with inherited Miami properties that sat in a family for years, often resolve through this track.

When formal administration is the better fit

Estates above the cap, estates with meaningful debts, and situations where someone needs ongoing authority to manage, insure, and market a property generally use formal administration. For a house that will be actively listed, shown, and negotiated over several months, having a personal representative with letters is usually the workable structure.

Timeline: what to expect

A simple, uncontested formal administration in Florida typically stays open around five to six months at minimum, and the personal representative's final accounting is due within 12 months of the letters issuing unless the court extends that deadline [3]. The floor comes from the creditor process: after notice to creditors is published, creditors have three months to file claims, and that window applies even when no debts are expected [3].

For a probate sale, the sequence usually looks like this:

Petition filed with the Miami-Dade Clerk of Courts and letters of administration issued.
Notice to creditors published, with the three month claim window running [3].
Property listed. Listing can generally begin once letters issue; the sale does not have to wait for the creditor window to close, though proceeds typically stay in the estate until claims and expenses are resolved.
Closing, supported by either the will's power of sale or a court order authorizing the sale [4].
Claims paid, accounting filed, remaining proceeds distributed, estate closed.

Plan on the estate being open six months to a year for a straightforward case, longer if there is litigation, tax complexity, or a homestead determination in the mix.

Court requirements to sell: power of sale vs court order

Section 733.613, Florida Statutes, draws the line that matters most for sellers. If the will gives the personal representative a power of sale, they may sell, mortgage, or lease estate real property without court authorization or confirmation. If the will grants no power of sale, or the decedent died without a will, the personal representative must apply to the court, and no title passes until the court authorizes or confirms the sale [4].

Practically, that second path means a petition, sometimes consents or notice to interested persons, and a court order the closing agent will want in the file alongside the deed. Contract timelines should be written with that approval step in mind, and a listing agent should know which path applies before the property hits the MLS.

Homestead complications

Homestead is where Miami-Dade probate sales most often stall. Florida's constitution gives a decedent's primary residence protection from most creditor claims, and separate statutes restrict who can inherit it when there is a surviving spouse or minor child.

Three issues come up repeatedly:

Protected homestead generally passes outside the normal probate estate, so most files need a court order determining homestead status before a title underwriter will insure a sale. That petition is routine but adds time.
If the decedent left a surviving spouse and descendants, the spouse typically receives a life estate with a remainder to the descendants, or the spouse may elect within six months to take an undivided one half interest instead [3]. Either way, multiple parties now hold title, and all of them sign the deed.
If there is a minor child, Florida law generally barred the decedent from devising the homestead at all, which can unwind what the will says about the house.

None of this makes the property unsellable. It changes who the sellers are and what orders must be in the file. The right sequence is determined first, listed second.

What personal representatives should know before listing

Confirm authority before signing anything: letters of administration plus either a power of sale in the will or a plan for court authorization [4].
Get the property insured and secured early. Vacant-home coverage costs more, and an uninsured vacancy is estate risk the personal representative carries personally.
Establish value with data, not memory. Heirs often anchor on what a relative paid decades ago, and Miami-Dade submarkets have repriced several times since. A data-driven starting point is available through a home valuation, and comparing the recorded basis against current qualified comps frames the conversation for every beneficiary at once.
Understand the step-up context. Inherited property generally takes a basis adjustment at death for capital gains purposes, which changes how heirs should think about net proceeds. Verify specifics with a tax professional.
Sell as-is where sensible. Estates rarely benefit from funding renovations. Pricing the property correctly for its condition usually beats spending estate cash to chase a retail number.
Keep beneficiaries informed in writing. Most probate sale disputes are communication failures, not valuation failures, and a written record of pricing decisions and offers protects the personal representative.

The broader work of preparing and marketing an estate property tracks the same fundamentals covered in our guide to selling a Miami home.

Frequently asked questions

Can a personal representative list the home before probate is finished?

Generally yes, once letters of administration are issued. The sale can close during administration, with either the will's power of sale or a court order supporting the deed [4]. Proceeds typically remain in the estate until creditor claims and expenses are resolved.

Does the new $150,000 summary administration threshold apply to the house?

The cap applies to nonexempt probate assets, and protected homestead does not count toward it [1]. A non-homestead property, such as an inherited investment condo, does count, so many Miami-Dade estates holding real estate will still exceed the cap and use formal administration.

How long does a probate sale take in Miami-Dade?

The estate itself typically stays open at least five to six months in a simple formal administration, anchored by the three month creditor window [3]. The property sale can run in parallel, so a well-managed estate often lists within weeks of letters issuing and closes inside the administration period.

What if the heirs disagree about selling?

In formal administration, the personal representative holds the sale authority, subject to the will and any required court approval, and objecting beneficiaries can raise issues with the court. In summary administration there is no personal representative, so all beneficiaries must agree and sign.

Do I need a probate attorney to sell an inherited Miami home?

In nearly all formal administrations, yes. The Florida Bar's consumer guidance is that a personal representative should always engage a qualified attorney [3], and the attorney handles the court file while the listing agent handles the market. More general selling questions are covered on our FAQ page.

Gabriel

Sources

Gabriel A. Moyers, PA. eXp Realty. Florida License #3407280. Equal Housing Opportunity. This article is general information as of July 2026 and is not legal, tax, or financial advice. Verify current figures against authoritative sources before acting.