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Florida Probate Real Estate Sale Calculator

The first question isn't the price — it's whether the house is even part of the probate estate. Florida's homestead never is, no matter what the will says.

Based on Fla. Stat. §733.613, 733.617, Fla. Const. Art. X §4 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Selling a Florida probate house

Enter the sale price to see the statutory fee — but first confirm it isn't the homestead.

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Estimated cost of this Florida probate sale
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Homestead is never a probate asset

What makes Florida different: under Article X, Section 4 of the Florida Constitution, protected homestead is not property of the probate estate at all — the personal representative has no jurisdiction over it and no title to it. A power of sale written into the will does not reach the homestead; Florida courts (Harrell v. Snyder) have confirmed this directly. Selling the homestead requires an entirely separate process from an ordinary probate sale.

For everything else, the contract can come first

Under Fla. Stat. §733.613(1), the statute delays the passing of title, not the making of the contract — so a personal representative can sign a sale contract on non-homestead property before the court order even issues. Title companies typically want certified Letters of Administration dated within 60 to 90 days of closing, though.

Not every heir has to sign off

With a valid power of sale in the will, the personal representative can act on non-homestead property without unanimous heir consent — interested persons still receive notice, but their agreement isn't required to close.

A statutory fee schedule, paid twice

Fla. Stat. §733.617 sets the personal representative's fee at 3% of the first $1 million of compensable estate value, 2.5% of the next $4 million, 2% of the next $5 million, and 1.5% above that. The attorney is entitled to a parallel fee under §733.6171 — both calculated the same way, both paid separately.

Zero state tax on the gain

Florida has no state income tax at all, so any gain from the sale owes nothing to the state. See Capital Gains Tax on the Sale for the details.

Florida probate real estate sale — frequently asked questions

Can Florida's personal representative sell the homestead?

No, in most cases — under Article X, Section 4 of the Florida Constitution, protected homestead is not a probate asset at all. The personal representative has no jurisdiction over it and no title to it, and a power of sale in the will does not reach it, per Harrell v. Snyder.

Does a Florida personal representative need a court order to sell a non-homestead house?

Not to sign the contract — under Fla. Stat. §733.613(1), the statute delays the passing of title, not the making of the contract, so a personal representative can sign a sale contract before the court order issues. Title still can't pass until Letters of Administration are in hand.

How much does a Florida executor get paid for selling the house?

Florida uses a statutory fee schedule under Fla. Stat. §733.617: 3% on the first $1 million of compensable estate value, 2.5% on the next $4 million, 2% on the next $5 million, and 1.5% above that. The attorney is entitled to a parallel fee under §733.6171.

Do I owe Florida state tax on the gain from selling an inherited house?

No — Florida has no state income tax at all, so any gain from the sale owes zero Florida state tax. Only federal capital gains tax applies, typically on a small base thanks to the stepped-up basis.

Do all heirs have to agree before a Florida personal representative sells a house?

Not necessarily — on non-homestead property, a personal representative with a valid power of sale in the will can act without unanimous consent from every heir, though interested persons still receive notice of the sale.

Different county courts, same statute

Miami-Dade, Broward, Palm Beach, and Hillsborough among Florida's busiest probate dockets — the homestead exemption, the §733.613 contract-timing rule, and the §733.617 fee schedule apply identically no matter which circuit court hears the case.

Florida probate real estate sale tools & guides

Court Approval to Sell in FloridaHomestead vs. non-homestead, contract timing Florida Sale Costs & CommissionThe § 733.617 fee schedule, explained Capital Gains Tax on the Sale in FloridaWhy the state bill is always zero Florida Executor Fee CalculatorThe full § 733.617 tiered schedule Florida Small Estate CheckerDoes this estate even need a sale?

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Florida Statutes §733.613, 733.617, 733.6171 and Article X, Section 4 of the Florida Constitution. Actual costs depend on the estate's own facts, and homestead status can be complex. Confirm current figures with the county circuit court or a licensed Florida attorney before acting.