Probate and Real Estate in Miami: A Checklist for Selling the Home

For most Miami estates, the house or condo is the single largest asset. Selling it during probate is doable, but Florida’s homestead protections and Miami-Dade closing realities add steps that catch personal representatives off guard. Here is a practical checklist for getting a probate property sold cleanly.

Step 1: Determine Whether the Property Is Homestead

This is the first question, because it changes everything. If the property was the decedent’s Florida homestead, it may have passed automatically to heirs at the moment of death and may sit outside the probate estate.

• If it is protected homestead, the personal representative usually cannot sell it without the heirs joining the sale.
• The heirs who inherited it must typically sign the deed and consent to the sale.
• Florida’s constitutional homestead protection also shields the property from most of the decedent’s creditors, which can affect sale proceeds.

Step 2: Confirm Your Authority to Sell

Even for non-homestead property, check your power to sell.

• A will may grant the personal representative an explicit power of sale.
• If the will is silent, or there is no will, you may need a court order from the Miami-Dade probate division authorizing the sale.
• When in doubt, petition the court. A title company will almost certainly require proof of your authority before closing.

Step 3: Address Title and Liens Early

Order a title search before listing. Miami probate properties frequently carry mortgages, code-enforcement liens, unpaid property taxes, or old judgments. Knowing these upfront prevents a deal from collapsing at the closing table.

Step 4: Handle Condo and HOA Realities

Much of Miami’s housing stock is condominiums. Estate sellers should expect:

• An estoppel certificate showing any unpaid association dues or assessments.
• Possible association approval of the buyer.
• Special assessments, which are common in older South Florida buildings and can reduce net proceeds.

Step 5: Maintain and Insure the Property During Probate

You are responsible for the home until it sells. In Miami’s climate, that means keeping hazard and, where applicable, wind and flood insurance active, keeping utilities on, and protecting against storm damage during hurricane season. A lapsed policy on a probate home is a serious exposure for the personal representative.

Step 6: Price, List, and Document the Sale

• Use a current appraisal or broker valuation to support a fair price; this protects you if a beneficiary later complains.
• Keep records of offers and the marketing process.
• At closing, the property is conveyed by a personal representative’s deed, and proceeds flow into the estate account.

Step 7: Account for the Proceeds

Sale proceeds belong to the estate and must appear in your accounting. They are used to pay valid creditors and expenses before any distribution to beneficiaries. Note that Florida imposes no state estate tax, though the estate or beneficiaries may have federal capital-gains considerations on a later sale, which is a tax question for an advisor.

Consult a Florida Attorney

Homestead status alone can make or break a probate sale, and the answer is fact-specific. Before you list a Miami estate property, confirm your authority and the homestead analysis with a licensed Florida probate attorney. This article is general information, not legal advice.