Updated November 4, 2026
What probate does
Probate is the court-supervised process for identifying the person's assets, paying valid debts and expenses, and passing what is left to the right people. When a Pinellas County house is titled in the decedent's name alone, probate is usually how the title gets cleared so a buyer can purchase it.
Some homes skip probate, such as property held as joint tenants with right of survivorship, or property held in a trust. Because Florida homestead rules are special, ask a Florida probate attorney early whether probate is needed for your property.
Formal vs summary administration
Formal administration is the full process. A personal representative is appointed, creditors are given notice, and the estate is administered under court rules.
Summary administration is shorter. Under Fla. Stat. 735.201, it is available when the value of the entire estate subject to administration in Florida, not counting exempt property, is $75,000 or less, or when the decedent has been dead for more than two years. Under 735.2063, unknown creditors' claims can be barred if not filed within three months after the first publication of notice, once proof of publication is filed.
There are also very limited "disposition without administration" options in Part II of Chapter 735, but those are aimed at small amounts of personal property rather than houses. Whether your estate qualifies is a legal question for an attorney.
The personal representative
The personal representative (PR) is the person the court appoints to manage the estate. Under Fla. Stat. 733.301, if there is a will, the person it nominates generally has first preference. If there is no will, the surviving spouse has preference, then a person chosen by a majority of the heirs, then the nearest heir.
Under Fla. Stat. 733.304, a person who does not live in Florida can serve only if closely related to the decedent, such as a spouse, sibling or descendant, among other listed relationships. That matters for out-of-state heirs.
Selling during probate
Under Fla. Stat. 733.613, if the will gives the PR a general or specific power of sale, the PR may generally sell real property without court authorization or confirmation. If there is no will or the PR lacks that power, the PR may still sell, but no title passes until the court authorizes or confirms the sale. Title companies usually want to see the paperwork, so the order of steps matters.
A listing agent can usually market the home while probate is underway, but the PR must be the one to sign. Ask your attorney and the title company what they need to see before closing, such as Letters of Administration and any court orders.
Pinellas County Clerk resources
Probate cases in Pinellas County are filed with the Clerk of the Circuit Court. The Clerk's website (mypinellasclerk.gov) has a self-help section and forms, including packets for summary administration. Clerk staff cannot give legal advice, so an attorney is still the best source for what to file.
The Property Appraiser asks to receive probate filings that affect real estate, such as an Order Determining Homestead or a Personal Representative's deed, so records stay accurate.
Costs and timing
Probate fees, attorney fees and timelines vary a great deal. Court filing fees are set by the Clerk and an attorney's fees depend on the work involved. Get quotes from a few Florida probate attorneys.
While probate is open, taxes, insurance and upkeep on the house continue. This is one reason many heirs consider selling.
Next step
Talk to a Florida probate attorney and a tax professional about your situation. This site is general information, not legal or tax advice.
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Frequently asked questions
How long does probate take in Pinellas County?
It varies with the type of administration, whether anyone disputes the will, and the creditor period. A probate attorney can give you a realistic estimate.
Can I list the house before probate is finished?
Often an agent can begin marketing while probate is underway, but the personal representative must sign, and title companies will want the right paperwork before closing.
Do I need a lawyer?
Probate has strict rules and deadlines, and mistakes can be costly. Many personal representatives hire an attorney. Talk to a Florida probate attorney about your situation.