You usually don't have to wait for probate to close
The sentence we hear most often is "I'll call you when probate is done." In Miami-Dade
that can mean waiting a year to start a conversation that could have started on day one.
In practice we buy at whatever stage the estate is in. Sometimes the personal
representative already has letters of administration in hand and can sign the day we agree
on a number. Sometimes the petition hasn't even been filed yet and we go under contract
while the attorney gets it moving. We just look at where the estate is in the process and
work from there. What changes is the closing date, not whether there's a deal.
The stages, and where a sale fits
Simplified, and your attorney will tell you exactly where your estate sits:
- Before anything is filed. Someone has died, the house is sitting there,
and the family hasn't started. Taxes and insurance are still running. We can agree on terms
now; nothing can be signed on the estate's behalf yet.
- Petition filed, waiting on the court. The attorney has filed to open the
estate and asked the court to appoint a personal representative. This is where most of the
waiting happens.
- Letters of administration issued. The personal representative now has
authority to sign. If the will grants power to sell, this is often the point where a
closing can be scheduled.
- Court approval of the sale, when it's needed. Depending on the will and
the estate, the sale may need to be authorized. Your attorney will know which applies.
Nothing above is legal advice, and it is not a substitute for your own probate attorney.
It's just the shape of the thing so you know what people are talking about.
What actually causes the delays
It's almost never the house. It's the people and the paperwork.
We bought a house in Buena Vista where the estate had six heirs. Getting
six people to agree, sign, and return documents took eight months on its own. Then, part
way through, one of the heirs died. That triggered a second probate — his share now had to
pass to his own children, who lived in Alabama, before anyone could close on the house in
Miami.
That estate could easily have collapsed. Meanwhile the property taxes were going
unpaid and the family was at real risk of losing the house entirely over an amount that
was small compared to what the house was worth. Our attorney ran the whole probate. We sent
notaries out to the heirs to get documents signed where they lived. And we advanced the
attorney's fees and the back taxes ourselves so the clock stopped running against the
family while the second probate went through.
That is the difference between a buyer who "waits for probate" and one who has been
through it. The delay wasn't a reason to walk. It was the work.
How long it really takes
Our probate closings have ranged from about 20 days to 18 months. The
short ones are estates where the personal representative already has authority and the
heirs agree. The long ones are the six-heir, two-probate, out-of-state situations above.
What we can tell you honestly is that the timeline is set by the court and the family,
not by us. We don't need inspections cleared, we're not waiting on a lender's appraisal,
and we're not going to renegotiate at the end because a roof turned out to be old. When
the estate is ready, we close.
What we handle, and what stays with you
- We buy as-is. Nobody cleans the house out, repairs anything, or hauls
anything away before closing.
- We can front the estate's costs. Attorney's fees and delinquent property
taxes, where advancing them is what keeps the house from being lost.
- We come to the heirs. Out-of-state and overseas heirs are normal in
Miami-Dade. Signing has never been the reason a deal of ours didn't close.
- You keep your own attorney. If you don't have one, that's the first call
to make — before you talk to any buyer, including us.
Common questions
Can I sell a house before probate is finished in Florida?
In many cases yes. Once the court has appointed a personal representative and issued letters of administration, the personal representative can generally sign to sell, and some estates require the court to authorize the sale as well. We also go under contract earlier than that, before letters are issued, and close once the estate has authority. Your probate attorney will confirm what your specific estate needs.
How long does it take to sell a house in probate in Miami-Dade?
Our probate purchases have closed anywhere from about 20 days to 18 months. The short ones are estates where the personal representative already has authority and the heirs agree. The long ones involve many heirs, out-of-state signers, or a second probate when an heir dies during the process.
What if the heirs live out of state or overseas?
That's common here. We've closed estates with heirs in Alabama, Oklahoma, Pennsylvania and Italy. We send notaries to the heirs where they live to get documents signed, so nobody has to fly to Miami to close.
Do I have to clean out or repair the house first?
No. We buy inherited and probate houses exactly as they are, including everything left inside. Cleaning out an estate house before selling it almost never earns back what it costs.
What if there are back taxes owed on the property?
Delinquent taxes get settled at closing out of the proceeds. In estates where unpaid taxes threatened the house before we could close, we have advanced them ourselves to stop the clock.
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Other guides
Inherited a House That Needs Work · When Heirs Disagree · Selling a Hoarder House · Open Permits & Violations
