July 19, 2026
When someone dies owning a Florida house, one of the first questions is whether the estate is testate or intestate. The words sound technical, but the difference is simple: testate means the person left a valid will; intestate means there is no valid will directing what happens to some or all of the probate estate.
A will can guide who receives the property and who the decedent wanted to handle the estate. Without one, Florida law supplies the inheritance rules. Either way, the family may still need probate before anyone has clear authority to sell the house.
What does testate mean in Florida probate?
A testate estate is one in which the decedent left a will that the probate court accepts as valid. The will identifies beneficiaries and may nominate a Personal Representative to manage the estate. The court still appoints the Personal Representative and issues Letters of Administration before that person can act for the estate.
The original will is generally filed with the clerk, then presented in the probate case. Florida law has signing and witness requirements for wills, so finding a document labeled “will” does not by itself settle whether the court will admit it.
- The will directs distribution of probate assets, subject to Florida law and valid creditor claims.
- The person nominated in the will does not have authority merely because their name appears in it; court appointment matters.
- A surviving spouse may have homestead, elective-share, or other rights that a will cannot simply erase.
What does intestate mean?
An estate is intestate when the decedent left no valid will, or when a will does not effectively dispose of a particular probate asset. Florida’s intestacy statutes then determine who inherits. The state does not automatically take the house simply because there is no will.
The exact shares depend on the surviving family. A surviving spouse may receive all or one-half of the intestate estate depending on whether the decedent or spouse has descendants from another relationship. If there is no surviving spouse, descendants generally inherit first; other relatives come into the order only when closer heirs do not survive.
- Family agreement does not replace the statutory inheritance order.
- Stepchildren do not automatically inherit through intestacy unless they were legally adopted or another legal rule applies.
- Questions about marriage, adoption, children outside the marriage, or relatives who died earlier can change the heirship analysis.
Who can sell the house?
The safest answer is the person or people with legal authority shown by the probate and title records. In a formal administration, that is often the court-appointed Personal Representative acting under Letters of Administration. In other cases, title may pass to heirs subject to administration, and every person holding an interest may need to participate.
A will alone is not a deed, and being an heir does not always mean one person can sign for everyone. Before accepting a contract or choosing a closing date, the probate attorney and title company should confirm who must sign and whether a court order is required.
Does homestead change the answer?
It can. Florida homestead has special constitutional and probate protections. If the property was the decedent’s protected homestead, restrictions involving a surviving spouse or minor child may control how it passes. Homestead may also descend outside the ordinary estate administration while still requiring a court order to establish the heirs and clear title.
Do not assume the house is ordinary estate property merely because it appears in the decedent’s name. Ask the probate attorney to evaluate homestead before the family signs a sale contract.
What families should gather before selling
You do not need every answer before asking about an as-is offer, but a few documents help the attorney, title company, and buyer understand the path forward.
- The original will and any codicils, if they exist.
- The death certificate and the property address.
- Letters of Administration or other probate orders already entered.
- Names and contact information for the surviving spouse, children, and known heirs.
- Mortgage statements, tax notices, HOA balances, liens, and insurance information.
- A list of family members who may disagree about selling or the proposed timing.
Testate or intestate, the house can often be sold as-is
Probate does not always require the family to repair, empty, or list the house. A probate-aware cash buyer can evaluate the property in its current condition and coordinate the closing with the estate’s attorney and title company.
The legal timeline still controls. A buyer cannot skip court authority, valid heir interests, creditor issues, or title requirements. What an as-is sale can remove is the separate burden of renovations, repeated showings, and financing delays while the estate remains open.
If your family inherited a South Florida house, tell us whether there is a will and whether probate has been opened. We can discuss the property and timing while your attorney confirms who has authority to sell. This article is general information, not legal or tax advice; a Florida probate attorney should advise you about the estate.