Selling a House in Probate in St. Lucie County: The Court Timeline From Petition to Closing
This probate St Lucie County guide puts the court steps and the house sale steps on one calendar, so a family in Port St. Lucie, Fort Pierce or Tradition can see what happens first, what can happen at the same time, and what has to wait for the judge.
This guide explains how the real estate side of probate usually works in Florida. It is not legal or tax advice. Every estate is different, so confirm your next step with a Florida probate attorney and, for taxes, a CPA.
The Short Answer
In a probate St Lucie County case, the court appoints a personal representative first and issues letters. The house can then be prepared, priced and listed. If the will gives a power of sale, the personal representative can usually sign and close. If not, a judge must authorize or confirm the sale before title passes.
- Probate cases in St. Lucie County are heard by the 19th Judicial Circuit, which also serves Martin, Indian River and Okeechobee counties (19th Judicial Circuit).
- Whoever holds an original will must file it with the clerk within 10 days after learning of the death (Florida Statutes, section 732.901).
- A will with a power of sale lets the personal representative sell real property without court authorization or confirmation (Florida Statutes, section 733.613).
- Without a power of sale, no title passes until the court authorizes or confirms the sale (Florida Statutes, section 733.613).
- Creditors generally have 3 months after the first publication of the notice to creditors to file a claim (Florida Statutes, section 733.702).
In this guide
- The court track and the sale track side by side
- Which court and clerk handle the case
- The first 30 days after the owner dies
- When the personal representative can sign a listing
- How homestead and the probate path change the calendar
- What the family can do with the house meanwhile
- How the creditor period fits around a sale
- From signed contract to closing day
- What usually slows a probate sale
- How long the whole process takes
- Frequently asked questions
Probate St Lucie County Timeline: The Court Track and the Sale Track Side by Side
I am sorry you are dealing with this. Losing a parent or a spouse is hard enough without a court case attached to the house. The good news is that the order of events is fairly predictable, even when the dates are not.
A probate home sale runs on two tracks at once. The court track belongs to the probate attorney and the clerk. The sale track belongs to the personal representative and the listing agent. Most delays happen when the family thinks the two tracks must run one after the other. They often do not.
A personal representative is the person the court appoints to manage the estate, the role many families call “executor”. Letters of Administration are the court paper that proves who can act for the estate.
The table lines up each court step with the sale step that can usually happen at the same time. It is a general order, not a schedule.
| Stage | Court track (attorney and clerk) | Sale track (family and listing agent) |
|---|---|---|
| 1. First days | Original will filed with the clerk within 10 days of learning of the death | Lock the house, keep insurance and utilities on, find the deed |
| 2. Opening the case | Petition for administration filed with the St. Lucie County Clerk | Written pricing analysis and pre-listing plan, nothing signed yet |
| 3. Appointment | Judge signs the order appointing the personal representative; letters are issued | Personal representative can sign a listing agreement, using the letters |
| 4. Notices | Notice to creditors published; notice of administration served on the family | Repairs, clean-out, photos, listing goes live |
| 5. Offer | Attorney confirms whether the will gives a power of sale | Contract negotiated; title company opens the file |
| 6. Approval if needed | Petition to authorize or confirm the sale, then a court order | Inspections, appraisal for the buyer’s lender, estoppel letters if there is an HOA |
| 7. Closing | Certified letters and any court order go to the title company | Personal representative signs the deed; proceeds go to the estate account |
| 8. After closing | Claims resolved, final accounting, distribution and discharge | Nothing left on the sale side except records |
Stage 6 changes the calendar the most. The site’s guide on how probate home sales work in Florida covers the general rules.
Which court and clerk handle a probate case for a Port St. Lucie house?
A Port St. Lucie home is in St. Lucie County, so its probate case normally belongs to the circuit court for St. Lucie County. That court is part of the 19th Judicial Circuit. The circuit serves Indian River, Martin, Okeechobee and St. Lucie counties, and it has a probate and guardianship division (19th Judicial Circuit).
The clerk’s side of the case is handled by the St. Lucie County Clerk of the Circuit Court, whose courthouse offices are in Fort Pierce, the county seat. Check the probate page of the St. Lucie County Clerk of the Circuit Court for current filing steps and fees, and ask the attorney how the papers will be filed.
The filing fee is set by state law, not by the county. The maximum clerk fees are $230 to open an estate, $340 for summary administration of $1,000 or more, and $395 for formal administration, plus a $4 service charge on summary, formal and ancillary petitions (Florida Statutes, section 28.2401).
One local detail matters for the sale. A house inside Fort Pierce city limits answers to the City of Fort Pierce for code issues and permits, not to Port St. Lucie. The court track is the same for both cities; the vacant-house rules are not.
Families who search for probate St Lucie County answers sometimes land on Palm Beach County pages. Those cases go to the 15th Judicial Circuit, which has its own clerk and procedures.
What happens in the first 30 days after the owner dies?
In a typical probate St Lucie County estate, the first month is mostly about protecting the house and finding paper. Very little of it involves a judge. Here is the usual order.
Find the original will and get it to the clerk
The person who has the original will must file it with the clerk within 10 days after learning that the person died (Florida Statutes, section 732.901). A copy is not the same as the original.
Secure the house
Rekey the locks, keep the insurance in force, tell the insurer about the death and keep water and power on. The site’s executor roadmap for Treasure Coast estate homes has a fuller list.
Gather the house documents
Pull the recorded deed, the last tax bill, any mortgage statement, HOA contacts and the insurance declarations page. The attorney uses them to judge homestead status and the probate path.
Hire a Florida probate attorney
Florida Probate Rule 5.030 says every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida (Sarasota County Clerk of the Circuit Court, quoting Rule 5.030). The attorney prepares the petition. Any interested person may petition for administration (Florida Statutes, section 733.202).
Agree on who will serve
Florida law sets an order of preference. With a will, the person named in the will comes first. Without a will, the surviving spouse comes first, then the person chosen by a majority in interest of the heirs (Florida Statutes, section 733.301).
A listing agent can already help during these weeks without anyone signing a listing.
When can the personal representative sign a listing agreement?
The safe answer is: after the court issues letters. Before letters, nobody has legal authority to act for the estate, even the person named in the will. A title company will not close on a listing signed too early.
A common belief is that the house cannot be listed or sold until probate is over. Florida law does not say that. A personal representative can sell real property during administration. What changes is whether a judge has to sign off first.
When the will gives a power of sale
If the will gives the personal representative a power of sale, the personal representative may sell real property without court authorization or confirmation (Florida Statutes, section 733.613). In that case, the personal representative usually signs the listing, the contract and the deed, using certified letters as proof of authority.
When there is no power of sale or no will
Without a power of sale, the personal representative may still sell at a public or private sale if it is in the best interest of the estate. But no title passes until the court authorizes or confirms the sale (Florida Statutes, section 733.613). The routine powers a personal representative has without a court order do not cover selling real property; section 733.612 excludes it (Florida Statutes, section 733.612).
In practice, the contract in a no-power-of-sale estate is usually written so that closing depends on a court order. The attorney files the petition once there is a signed contract. For a deeper look at this one question, read when a personal representative can sell without a court order.
Before the listing is signed, ask the attorney whether the will limits the power of sale and whether co-personal representatives must both sign.
How do homestead status and the probate path change the calendar?
Two early decisions by the attorney shape the sale timeline: homestead status and the probate path.
Protected homestead
Homestead is a Florida constitutional protection for a primary residence. When the owner is survived by a spouse or a minor child, the owner cannot leave the homestead by will to someone else, except to the spouse when there is no minor child (Florida Constitution, Article X, Section 4).
Protected homestead is not treated as an estate asset the personal representative controls. The personal representative may take possession of an unoccupied homestead only to preserve, insure and protect it (Florida Statutes, section 733.608). That can change who signs the deed. Ask the attorney whether the court should determine homestead status before a sale, and ask the closing title agent who must sign and which court orders the title insurer needs.
In Port St. Lucie, an estate home is often the house the parent lived in full time, so this question comes up early. If the parent lived in the house and had a homestead exemption on the tax bill, expect the attorney to look at it closely.
Summary or formal administration
Summary administration is a shorter Florida probate path. It may be available when the will does not direct formal administration and the estate subject to administration, minus exempt property, is not more than $150,000, or when the person died more than 2 years ago (Florida Statutes, section 735.201). Formal administration is the full process under chapter 733, with a personal representative and letters.
The paths change the sale differently. In formal administration, the personal representative sells. In summary administration, the court orders the property distributed, and the people who receive it usually sign. The comparison of summary administration or formal administration explains both paths for a house.
What can the family do with the house while the court case moves?
Quite a lot. A listing agent in a probate sale usually starts here, before any listing is signed.
Price the house with a written analysis
A written pricing analysis compares recent nearby sales and active listings to the home’s actual condition. It helps everyone agree on a range before an offer arrives, which matters most when a court must confirm the price.
Make a pre-listing plan
The plan lists what to fix, what to leave and what to clean out, in order. It shows the cost of each choice next to its likely effect, so the personal representative can decide with numbers.
Keep the house within city rules
An empty house in Port St. Lucie is still subject to the City Code. Grass on improved property must stay under 12 inches, and a pool must be maintained and secured by a barrier at least 4 feet high with self-closing or self-latching gates (City of Port St. Lucie, Common Residential Code Violations). A lawn service and a pool service, paid by the estate, prevent most problems.
Ask the association early in Tradition
Many Tradition homes sit inside a homeowners association and a community development district. The closing agent will order an estoppel certificate, and the association must issue it within 10 business days of the request (Florida Statutes, section 720.30851). Dues that went unpaid after the death show up on that letter. The site’s guide to HOA and CDD fees in Tradition explains how those charges are billed.
How does the creditor period fit around a sale?
The creditor period is the window when people the estate may owe can file claims. By itself, it does not stop a listing or a sale.
After letters are issued, the personal representative must promptly publish a notice to creditors once a week for 2 consecutive weeks in a newspaper published in the county where the estate is administered (Florida Statutes, section 733.2121).
A claim is barred unless it is filed by the later of 3 months after the first publication, or 30 days after the notice is served on a creditor who must be served (Florida Statutes, section 733.702). The personal representative then has until 4 months after first publication, or 30 days after a timely claim is filed, whichever is later, to object to a claim (Florida Statutes, section 733.705).
Separately, the personal representative serves a notice of administration on the spouse, the beneficiaries and certain others. Objections to the validity of the will, venue or jurisdiction must be filed within 3 months after service (Florida Statutes, section 733.212).
What this means for the house: a sale can often close while these windows are still open. The proceeds usually stay in the estate account until the attorney is comfortable that claims are handled. The article on when the sale proceeds can be paid out covers that question in detail.
Protected homestead is exempt from forced sale for most of the owner’s debts (Florida Constitution, Article X, Section 4). Ask the attorney how that affects homestead sale proceeds.
What happens between a signed contract and closing day?
Once a buyer signs, a probate sale looks much like any other sale, with a few extra papers.
Contract and escrow deposit
The personal representative signs the contract in that capacity, not personally. If a court order is needed, the contract says so and gives a realistic window for it.
Title company opens the file
The listing agent sends the contract to the title company and connects the closing agent with the probate attorney. Ask the closing title agent early which documents the title insurer needs for a sale by a personal representative, such as certified letters, a death certificate or a court order. The list varies by underwriter.
Inspections and the buyer’s appraisal
Estate homes are often sold as is, but the buyer may still ask for credits. The personal representative decides.
Court order, when there is no power of sale
The attorney files a petition asking the court to authorize or confirm the sale, and the judge rules on it. Ask the attorney what the petition must include and how long the court is currently taking to sign these orders in St. Lucie County.
Closing
The personal representative signs a personal representative’s deed. Documentary stamp tax on a deed is 70 cents per $100 of the price (Florida Statutes, section 201.02). The contract says which party pays it. Proceeds are wired to the estate account, not to an heir.
What usually slows a probate sale in St. Lucie County?
Most delays come from a few predictable places, and most can be spotted early.
Family members cannot agree
When one heir wants to keep the house and another wants to sell, the court track slows and the sale track often stops. A written pricing analysis gives everyone the same numbers to talk about. The attorney handles the legal options.
A reverse mortgage or regular mortgage on the house
A mortgage does not go away when the owner dies. A reverse mortgage lender will send a due and payable notice, and the heirs have short response periods. Tell the attorney and the listing agent about any loan in the first week.
Open permits and older work
Open building permits can hold up a title search. Many Port St. Lucie homes had a pool, a roof or a screen enclosure added over the years, and not every permit was closed. An early permit search avoids surprises.
Code violations on an empty house
Port St. Lucie Code Compliance enforces the City Code, and an officer must notify the owner and give a reasonable time to correct before a citation (City of Port St. Lucie, Code Compliance). Under Florida’s local code enforcement law, a certified copy of an order imposing a fine may be recorded in the public records, and once recorded it becomes a lien on the land (Florida Statutes, section 162.09). A recorded lien shows up in the title search.
How long does the whole process take, and when does the case close?
No one can promise a total. Florida law sets no single deadline for a probate sale, but it does set waiting periods on the court track.
| Waiting period | Length | Source |
|---|---|---|
| Creditor claims | 3 months after first publication, or 30 days after service, if later | Section 733.702 |
| Objections to claims | 4 months after first publication, or 30 days after a timely claim, if later | Section 733.705 |
| Objections to the will or venue | 3 months after service of the notice of administration | Section 733.212 |
| Outside limit on claims | 2 years after death | Section 733.710 |
The sale can fit inside these windows, but the case does not end at the house closing.
After claims are resolved, the attorney prepares the papers needed to close the estate, the proceeds are paid out as the court allows, and the personal representative asks to be discharged. The statute says only that the personal representative shall be discharged after administration has been completed (Florida Statutes, section 733.901). Ask the attorney which reports, such as an inventory or an accounting, the estate must file and by when.
A probate St Lucie County file with a power of sale, no homestead question and no disputes moves very differently from one that needs a court order and a homestead determination. Ask the attorney at the first meeting which one you have.
For the bigger picture of who does what, the probate realtor in Port St. Lucie page explains how Jeannie works with estates across the Treasure Coast.
What Clients Say About Working With Jeannie Jacobson
“It wasn’t easy to make the decision to sell our family home that was filled with memories and love. She really went above and beyond and showed such compassion through it all. She stood by me throughout every step. Ultimately my happiness and needs were respected and took precedence over any profit she could attain.”
Carmine Derrico, 11 Apr 2025, Google review
“…She kept me informed every step of the way, explaining the process clearly and patiently answering all of my questions, no matter how big or small.”
Sim Miller, 4 Feb 2025, Google review
Frequently Asked Questions
There is no fixed total. The court must first appoint a personal representative and issue letters. After that, the house can be listed. Without a power of sale in the will, the sale also waits for a court order. Distribution to heirs comes later.
Usually no listing should be signed before letters, because nobody has authority to act for the estate until then. The family can still prepare. A walk-through, a pricing analysis and a repair plan can be done while the petition is pending.
No. Under section 733.613 of the Florida Statutes, a personal representative with a power of sale in the will may sell without court authorization or confirmation. Without that power, the personal representative may still sell, but title does not pass until the court authorizes or confirms the sale. Protected homestead follows its own rules, so ask the attorney.
Not always. The creditor period controls when money can safely leave the estate, not when the house can close. A sale often closes while claims can still be filed, and the proceeds stay in the estate account. The probate attorney decides when distributions to heirs are safe under Florida law.
Probate cases for St. Lucie County are heard by the circuit court of the 19th Judicial Circuit, and the St. Lucie County Clerk of the Circuit Court keeps the files. The courthouse offices are in Fort Pierce, the county seat. The probate attorney handles the filings, so ask the attorney whether anyone in the family needs to sign papers or appear in person.
In formal administration, the personal representative usually signs a personal representative’s deed, using certified letters and any court order. Protected homestead is different, because it is not an estate asset the personal representative controls, so other family members may need to sign. Ask the attorney and the closing title agent to confirm the signers for each estate.
Start With the House Questions, One Calendar at a Time
You do not have to sort out the court track alone, and you do not have to decide anything today. A conversation can map what can be prepared on the house now. Jeannie works in English and Spanish and coordinates with the family’s attorney and title company.
Jeannie Jacobson, REALTOR®, RE/MAX Gold, (772) 877-0268, English and Spanish
Sources
- Florida Statutes, section 732.901, Production of wills, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.901.html (accessed October 2026)
- Florida Statutes, section 733.202, Petition, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.202.html (accessed October 2026)
- Florida Statutes, section 733.301, Preference in appointment of personal representative, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.301.html (accessed October 2026)
- Florida Statutes, section 733.608, General power of the personal representative, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.608.html (accessed October 2026)
- Florida Statutes, section 733.612, Transactions authorized for the personal representative, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.612.html (accessed October 2026)
- Florida Statutes, section 733.613, Personal representative’s right to sell real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.613.html (accessed October 2026)
- Florida Statutes, section 733.212, Notice of administration; filing of objections, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.212.html (accessed October 2026)
- Florida Statutes, section 733.2121, Notice to creditors; filing of claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.2121.html (accessed October 2026)
- Florida Statutes, section 733.702, Limitations on presentation of claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.702.html (accessed October 2026)
- Florida Statutes, section 733.705, Payment of and objection to claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.705.html (accessed October 2026)
- Florida Statutes, section 733.710, Limitations on claims against estates, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.710.html (accessed October 2026)
- Florida Statutes, section 733.901, Final discharge, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.901.html (accessed October 2026)
- Florida Statutes, section 735.201, Summary administration; nature of proceedings, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.201.html (accessed October 2026)
- Florida Statutes, section 28.2401, Service charges in probate and guardianship proceedings, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0028/Sections/0028.2401.html (accessed October 2026)
- Florida Statutes, section 201.02, Tax on deeds and other instruments relating to real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0201/Sections/0201.02.html (accessed October 2026)
- Florida Statutes, section 720.30851, Estoppel certificates, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.30851.html (accessed October 2026)
- Florida Statutes, section 162.09, Administrative fines; costs of repair; liens, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0162/Sections/0162.09.html (accessed October 2026)
- Constitution of the State of Florida, Article X, Section 4, Homestead; exemptions, Florida Senate, https://www.flsenate.gov/Laws/Constitution (accessed October 2026)
- Wills, Probate and Guardianship (quoting Florida Probate Rule 5.030, Attorneys), Sarasota County Clerk of the Circuit Court and County Comptroller, https://www.sarasotaclerk.com/Courts/Wills-Probate-and-Guardianship (accessed October 2026)
- 19th Judicial Circuit of Florida, home page, https://www.circuit19.org/ (accessed October 2026)
- City of Port St. Lucie, Code Compliance, https://www.cityofpsl.com/Government/Your-City-Government/Departments/Neighborhood-Services/Code-Compliance (accessed October 2026)
- City of Port St. Lucie, Common Residential Code Violations, https://www.cityofpsl.com/Government/Your-City-Government/Departments/Neighborhood-Services/Code-Compliance/Common-Residential-Code-Violations (accessed October 2026)