How to Sell a Probate Property in Hillsborough County
By Barrett Henry, REALTOR® & Broker Associate at REMAX Collective
When a homeowner passes away in Hillsborough County and their property must go through probate, the personal representative (executor) faces a specific set of legal requirements before the home can be sold. Understanding this process saves time, money, and stress.
What Is Probate and Why Does It Matter for Property Sales?
Probate is the court-supervised process of settling a deceased person's estate. For real property, probate establishes who has legal authority to sell the home and ensures all debts and claims are properly handled.
In Hillsborough County, probate cases are handled by the 13th Judicial Circuit Probate Division at the George E. Edgecomb Courthouse in downtown Tampa.
What Are the Types of Probate in Florida?
Florida offers two main probate paths:
- Summary administration: For estates valued under $75,000 (excluding exempt property) or when the decedent died more than 2 years ago. Faster and simpler — typically 1 to 3 months.
- Formal administration: Required for larger estates. Involves appointing a personal representative, notifying creditors, inventorying assets, and distributing property. Takes 6 to 12 months.
Can the Personal Representative Sell the Property During Probate?
Yes. Florida Statute 733.613 gives the personal representative authority to sell estate property, subject to court approval in some circumstances. The process:
- File a petition with the probate court for authority to sell
- Provide notice to all beneficiaries and interested parties
- Obtain court approval (often a formality if no one objects)
- Proceed with the sale through a title company
Need to Sell a Probate Property?
Barrett Henry has extensive experience with probate property sales in Hillsborough County. Call (813) 733-7907 for a free consultation.
Why Are Cash Offers Ideal for Probate Properties?
Probate properties often benefit from cash sales because:
- The home is typically vacant and may have deferred maintenance
- Heirs want to settle the estate quickly and divide proceeds
- Traditional buyers may be hesitant to purchase a probate property
- Cash closes in 7 to 14 days once title is clear — no lender delays
- The property can be sold as-is without repairs
What Costs Come Out of a Probate Sale?
The estate pays all costs associated with the sale:
- Attorney fees (typically 3% of estate value under Florida Statute 733.6171)
- Personal representative fees (same schedule as attorney fees)
- Outstanding property taxes and liens
- Title insurance and closing costs
- Court filing fees
Barrett Henry, REALTOR® & Broker Associate at REMAX Collective, has 23+ years of real estate experience helping families navigate probate sales and inherited property transactions across Tampa Bay.
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About Barrett Henry
Barrett Henry is a REALTOR® & Broker Associate at REMAX Collective with 23+ years of real estate experience. He helps Tampa Bay homeowners sell their homes quickly for fair cash offers — no repairs, no fees, and closing in as few as 7 days. Call (813) 733-7907 for a free, no-obligation consultation.
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