One of the most common situations families face after losing a loved one in Florida is discovering that the house, often the most significant asset in the estate, cannot be sold, transferred, or even refinanced until the estate has been properly handled through the courts. The title company flags it. The buyer’s agent says the closing cannot proceed. And suddenly a family dealing with grief is also dealing with a legal and real estate problem they did not expect and do not know how to untangle.

In Florida, any real property titled solely in the deceased’s name must pass through probate before ownership can legally transfer. Depending on the size of the estate and how long ago the person passed, that means either formal administration, the full court-supervised process typically running six to twelve months, or summary administration, an expedited track available for smaller estates or when the decedent has been gone more than two years. A personal representative is appointed by the court and issued letters of administration, which is the legal authority needed to act on behalf of the estate, execute a deed, authorize a sale, or clear a title defect.

What most families do not realize is that the probate side and the real estate side are two separate legal problems that have to be solved together. Probate controls when and how the estate is administered. Real estate law controls what actually has to happen to transfer the deed, clear the title, resolve any liens, or pursue a partition action when co-heirs cannot agree on what to do with the property. Most attorneys handle one side or the other. At Weidner Law, Matt Weidner handles both, which means families dealing with inherited property in St. Petersburg and across Pinellas County work with one attorney who sees the full picture from the probate filing through to the closing or transfer.

Florida’s homestead rules add another layer that catches families off guard. Even property that qualifies for the homestead exemption still must go through probate for a clean title transfer to the heirs. And if multiple heirs inherit homestead property and cannot agree on a course of action, a partition action through the 6th Judicial Circuit may be the only path forward. These are not edge cases, they are among the most common situations that come through our door.

If you have inherited property in Florida and are not sure what has to happen next, the fastest way to get a clear answer is a free evaluation directly with Matt. He will tell you which probate track applies, what the real estate steps look like, and exactly what needs to happen to move the property forward.