Can You Sell a Home While in Probate?

Oram Law17 Dec, 2025Legal

Losing a loved one is never easy. Beyond the grief, families are often faced with questions about the home they left behind. One of the most common is: Can the house be sold while it’s in probate? The answer depends on the type of property. In Florida, most homes are homesteads. That makes all the difference. Homestead Homes: The Usual Situation Under Florida law, a homestead is a primary residence protected by the state constitution. When someone passes away, the homestead is not considered a “probate asset” in the same way as a bank account or car. Instead, ownership transfers directly to the surviving spouse or heirs, free from creditor claims. Read more...