Florida situation guide · Updated November 2026

Wholesaling Probate Properties in Florida

Wholesaling probate properties in Florida means contracting with the personal representative of an estate, or with the heirs, and assigning that contract to a cash buyer. Florida estates move slower than Texas ones and homestead law adds a second layer, so the wholesalers who win here are the ones who read the court file first. This guide shows you how.

Florida Probate CodePersonal representative signs100% online mentorship

Let’s find your starting point

Explore the mentorship.

Request a free fit call to discuss your goals and whether the program is right for you.

The short answer

Can you wholesale a probate property in Florida?

Yes, if the person signing has authority to sell and you disclose in writing that you are assigning a contract. In most formal administrations that person is the personal representative named in letters of administration.

Florida has no wholesaling statute, so the risk is acting like an unlicensed broker under Chapter 475. Market your contract rights, not the house, and never advertise a property before you have a signed contract: a 2024 law made listing or advertising a home without the owner’s authority a felony. In probate, also confirm authority from the estate file. Our guide on license rules for wholesaling covers the brokerage line.

Probate Properties in Florida at a glance

Main lawFlorida Probate Code, Chapters 731 to 735
Who signsThe personal representative named in letters of administration
Power to sellComes from the will, or from a court order when the will is silent
Small estatesSummary administration for estates of $75,000 or less, or when death was over two years ago
HomesteadOften passes outside administration, with limits when a spouse or minor child survives
ClosingsTitle agents and real estate attorneys

The opportunity

Why Florida estate houses make strong wholesale deals

Many Florida estate homes were bought decades ago by retirees whose children now live in other states. Those heirs rarely want to manage insurance, HOA dues and a dated house from far away.

Out-of-state heirs

Many Florida estates belong to people who retired here from the Northeast or Midwest. Their children want one simple closing.

Insurance pressure

A vacant estate house can be hard to insure, and older roofs often fail underwriting. That cost pushes personal representatives toward a fast as-is sale.

Dated, paid-off homes

Estate homes are usually owned free and clear with original kitchens and baths, which is the exact profile flippers and landlords on your buyers list want.

Lead sources

Where to find probate leads in Florida

  • Clerk of court dockets. Every Florida county clerk keeps the probate docket, and big counties such as Miami-Dade, Broward, Hillsborough, Orange and Duval have online case searches. Look for recent petitions for administration.
  • Notices to creditors. Personal representatives publish a notice to creditors in a local newspaper. Those notices name the estate and the representative.
  • Petitions to determine homestead. These filings point straight at a house. They show the house was the owner’s residence.
  • Property appraiser records. Search the county property appraiser site. A homestead exemption still in the decedent’s name, or a mailing address in another state, suggests the house is sitting empty.
  • Probate attorneys. Estate lawyers need buyers who close as-is and on time. Our probate leads guide has letter and outreach ideas.

Your exit

Who buys Florida estate houses

Flippers want the 1970s block house in an established neighborhood, and landlords want the smaller home they can rent after paint, flooring and a roof. In Florida, ask every buyer about roof age and insurability first.

Be honest about timing. If the will gives no power of sale, the personal representative needs a court order, and creditor claims usually run for three months after the notice is first published. Build that into your closing date so your assignment does not fall apart.

Step by step

How to start wholesaling probate properties in Florida

  1. Read the estate file. Confirm who was appointed, whether letters of administration were issued and whether the will grants a power of sale.
  2. Check homestead status. Find out whether the house was protected homestead and who survived the owner, since that can change who signs.
  3. Contact the representative. Write to the personal representative or their attorney with sympathy first.
  4. Run title early. Ask an investor-friendly title company to look for mortgages, liens, unpaid taxes and missing heirs.
  5. Price it with care. Pull sold comps, then use the ARV calculator and the MAO calculator, adding insurance and roof costs.
  6. Sign with the right party. The representative signs in that capacity, and you give the written disclosure that you intend to assign.
  7. Assign and close. Sign the assignment with your buyer and close through the title agent or estate attorney.

Your checklist for wholesaling Probate Properties in Florida

  • Get a copy of the letters of administration and the will before you write an offer.
  • Confirm whether the will grants a power of sale or whether a court order will be needed.
  • Ask whether the house is protected homestead and whether a spouse or minor child survived.
  • Note when the notice to creditors was first published so you can plan the closing date.
  • Agree in writing who handles the clean-out and who pays utilities and insurance until closing.

A Florida example: a personal representative with power of sale

Probate typeFormal administration, will with power of sale
After-repair value$285,000
RepairsAbout $48,000, including a new roof
Paid at closingProperty taxes, final utilities and documentary stamp tax
Contract price$158,000
Cash buyer pays$171,000

A retired couple’s son was named personal representative of his mother’s Jacksonville estate. He lives in Ohio, and the 1960s block house sat empty with a roof the insurer would no longer cover.

You read the file, confirmed the will gave him power to sell and checked that no spouse or minor child survived, so the homestead could pass without restriction. You priced the roof and updates at about $48,000 and signed at $158,000 with a written assignment disclosure.

A local rehabber paid $171,000 for the contract. The estate covered taxes and doc stamps at closing, and the son signed remotely with a mobile notary.

Florida rules to know

Homestead and summary administration change who signs

Florida homestead is protected by the state constitution, and it often passes outside the normal estate. When the owner leaves a surviving spouse or a minor child, the owner generally could not freely give the home away by will, so title may vest in the spouse and descendants instead. Title companies usually want a court order determining homestead, and every new owner may need to sign. See our heirs’ property guide.

Small estates can use summary administration when the estate is worth $75,000 or less, not counting exempt property, or when the owner died more than two years ago. There is no personal representative in that process, so the beneficiaries sign under the court’s order. Confirm which path the estate is on before you promise a closing date.

Learn it with a mentor

Get your first estate deal reviewed

Florida probate deals reward patience and clean paperwork. Mentorship students send us the court file and their offer before they sign anything.

FAQ

Probate Properties in Florida: common questions

Can a personal representative sell a house before probate closes in Florida?

Usually, yes. If the will grants a power of sale, the personal representative can typically sell once letters are issued. If it does not, a court order authorizing the sale is generally needed first.

Do all heirs have to sign?

Not when a personal representative has authority to sell a non-homestead house. When the home was protected homestead, the people who inherited it usually sign, and title will want the order determining homestead.

How long does Florida probate take?

A simple formal administration often takes six months to a year. Summary administration can be faster.

Is wholesaling probate properties in Florida legal?

Yes, when you market your contract rather than the house, disclose that you may assign, and only advertise after you hold a signed contract. Have a Florida real estate attorney review your contract and disclosure.

Do I need a lawyer?

Not to make an offer, but a title agent or attorney should confirm authority and homestead status before closing.

Keep going

More Florida wholesaling guides

Read the full Florida wholesaling guide or pick another situation below.

Your next step

Close your first Florida estate deal with a mentor

Tell us where you are stuck with an estate lead. We will point you to the free kit or the mentorship, whichever fits.

Fresh from the blog

Latest wholesaling guides