Do you have to go through probate first?

In most cases, yes — if the deceased owner's name is still on the deed, the property typically needs to go through Florida's probate process before it can be legally sold to a new owner, unless it passed through a mechanism that avoids probate entirely, such as a living trust, a properly structured transfer-on-death arrangement, or joint ownership with rights of survivorship. If you're not sure which situation applies, a probate attorney can usually tell you quickly by reviewing the deed and any estate planning documents.

Summary administration vs. formal administration

Florida has two main probate paths, and which one applies can significantly affect your timeline:

  • Summary administration is a faster, simplified process generally available when the value of the probate estate (excluding certain exempt property) is at or below a statutory threshold, or when the person has been deceased for more than two years. As of July 2026, Florida raised that threshold from $75,000 to $150,000 under an amendment to F.S. 735.201 — so more estates now qualify for the faster process than in past years. Thresholds like this can change again, so confirm the current figure with a probate attorney rather than relying on any single source, including this one.
  • Formal administration is the standard, more involved process used for larger or more complex estates, and generally involves appointing a personal representative (executor) with court oversight.

When land is inherited by multiple heirs

It's common for vacant land to pass to several siblings or family members at once, which adds a layer of coordination: all owners generally need to agree to a sale, and all need to sign closing documents. This can slow things down, especially if heirs live in different states or aren't in regular contact. It doesn't make a sale impossible — it just means it's worth sorting out early who represents the group, or working through a probate attorney who can coordinate on everyone's behalf.

Common title issues with inherited land

Inherited vacant land sometimes carries title complications that a house rarely does, simply because it's often gone longer without regular attention. Watch for:

  • Outstanding property taxes or tax certificates from years the property sat vacant
  • Old liens, judgments, or unresolved mortgages tied to a previous owner
  • Boundary or legal description discrepancies from older, hand-surveyed plats
  • Missing or unrecorded prior deeds in the chain of title

None of these are unusual for inherited land, and a title company can typically identify and resolve them as part of a normal closing — but they're worth knowing about upfront so there are no surprises.

Your options for selling

Once title is clear (or clearable), you generally have a few paths: list the property with a real estate agent and market it to retail buyers, sell it yourself directly, or sell directly to a land-buying company like ours. Listing can bring a higher price but takes longer and involves commissions; a direct sale is typically faster and simpler, in exchange for a lower price than a full retail listing might eventually bring. See our full comparison for the trade-offs in more detail.

Want a straightforward, researched answer on your own property instead of general information? We'll look at your specific parcel and follow up personally.

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This guide is general information for Florida landowners and is not legal, tax, or financial advice. Laws, thresholds, and rates referenced here can change, and every situation is different — confirm anything specific to your property with a licensed attorney, CPA, or title company before making a decision.


FAQ

Common questions

Can you buy land that's still in probate?

In many cases, yes — we're familiar with working alongside a personal representative or probate attorney, and can often move forward once you're far enough along in the process. Reach out and we'll tell you honestly where things stand for your situation.

What if there are multiple heirs and we don't all agree?

We'd encourage getting everyone aligned, or at least having a clear representative, before signing a contract. If there's disagreement among heirs, that's worth resolving with a probate attorney first.

Do I need to clear up back taxes before selling?

Not necessarily before reaching out. Outstanding taxes are commonly resolved at closing out of the sale proceeds, but it depends on the specific amount owed — we'll look at this as part of researching your property.