One of the most common questions I hear is:
“Can I sell inherited land before probate is finished?”
I’m not a probate attorney, and you should consult one for additional details, but in my experience the answer in Florida is: sometimes – but it depends.
What Probate Does
Probate is the legal process that:
- Confirms who inherited the property
- Appoints someone with authority to act
- Clears the way for a valid sale
Until probate happens (or authority is established), no one may legally be able to sell the land.
When a Sale May Be Possible During Probate
In some cases:
- A court-appointed personal representative can sell
- Court approval may be required
- Proceeds are held until probate concludes
Each case is different, and there’s no universal rule.
Common Mistakes to Avoid
- Signing contracts without authority
- Accepting deposits too early
- Assuming probate “doesn’t matter” for vacant land
These mistakes can delay or completely derail a sale.
The Practical Reality
Most buyers won’t proceed until probate issues are addressed. That’s why many sellers work with buyers who:
- Understand probate timelines
- Help coordinate the legal process
- Purchase the property once authority is clear
If you’re unsure whether probate is required – or already underway – a quick review can clarify your options.