No Will? An Heirs Guide To Navigating the Selling Process
When a loved one passes away without a will, families are often left dealing with probate, unanswered questions, and in many cases, a home already facing foreclosure. It’s an overwhelming situation — and misinformation online only makes it worse.
So what’s actually possible? Can an inherited home be sold before probate is finished? What happens if foreclosure has already started?
Let’s break it down clearly.
Can You Sell a House While Probate Is Still Open?
In most cases, yes — but only with court approval.
When someone passes away, their property becomes part of their estate. Even if heirs are identified, no one has legal authority to sell the home until the court appoints a personal representative or approves a summary administration.
That said, many sales begin during probate:
A buyer can be identified
A contract can be prepared
Title work can begin
The sale can be structured subject to court approval
The transaction simply cannot close until probate requirements are met.
What If There Is No Will?
When someone dies without a will, Florida law determines who inherits the property. This process is called intestate succession.
Until the court formally recognizes the heirs and appoints someone to act on behalf of the estate:
No heir can legally sell the property
No deed can be transferred
No foreclosure solution can bypass probate
This is where many families feel stuck — especially when foreclosure timelines are looming.
Does Foreclosure Change the Probate Process?
No.
Foreclosure does not override probate.
Even if:
The lender has filed a foreclosure
The home is behind on payments
A sale date is approaching
The property is still part of the estate.
What foreclosure does change is urgency. Timelines become tighter, and coordination becomes critical.
How Families Navigate This Successfully
Families in this situation typically succeed by:
Working with a probate attorney
Understanding the foreclosure timeline
Exploring all legal sale options early
Positioning a buyer who can move quickly once authority is granted
This is where experienced buyers who understand probate and foreclosure can be helpful — not by replacing legal professionals, but by working alongside them.
The Bottom Line
Selling an inherited home that’s in probate or foreclosure is possible — but it must be done correctly.
There are no shortcuts.
There are no legal bypasses.
And anyone promising otherwise should raise red flags.
With the right guidance and coordination, families can still sell, avoid unnecessary loss, and move forward with clarity.
If you’re dealing with an inherited property and aren’t sure what your options are, we’re happy to walk through your situation and explain what’s possible based on your legal timeline.
👉 Learn more about selling inherited property
👉 Facing foreclosure? Understand your options
