How the Pinellas County probate process works

First question: does this house actually need probate?

Before anyone files anything, pull up the deed. The way the house was titled decides whether probate is needed at all.

• Owned only by the person who died: probate is needed to move the title to the heirs or to a buyer.
• Owned jointly with a surviving spouse or co-owner: the house may pass to the survivor without probate, depending on how the deed was worded.
• Has a Lady Bird (enhanced life estate) deed or similar transfer-on-death arrangement: the named person may take the house without probate.
• Held in a living trust: the trustee usually handles it outside of court.

You can look up the recorded deed through the Pinellas County Clerk's official records search. If the deed is confusing, the attorney who reviews the estate will read it for you. That review is usually the very first thing they do.

The steps, in the order they usually happen

1. Get certified death certificates. The funeral home can usually order them. Plan on needing several.
2. Find the will, if there is one. Florida law (Fla. Stat. 732.901) says whoever has the original will must deposit it with the Clerk within 10 days of learning of the death.
3. Hire a Florida probate attorney. The attorney decides which type of probate fits: summary administration for smaller or older estates, or formal administration with a personal representative.
4. The attorney files the petition electronically with the Pinellas County Clerk through the statewide e-filing portal, along with the death certificate and the original will if one exists.
5. Heirs sign consents or waivers. This is the main thing the family does. Each heir signs in front of a notary wherever they live. Remote online notarization works too.
6. A judge reviews the file and signs an order. In summary administration, the order distributes the property to the beneficiaries. In formal administration, the court appoints a personal representative and issues letters of administration.
7. Creditor notice (formal administration). A notice to creditors is published, and creditors generally have three months from first publication to file claims (Fla. Stat. 733.702).
8. The house is sold or distributed. A title company uses the court order to confirm who can sign, then closes the sale or records the transfer.

What the family does, and what the attorney does

People worry they will have to learn probate law. You won't. Here is the honest split.

We're not attorneys, and this page is general information, not legal advice. The attorney on the estate is the person to ask about your specific situation.

The Clerk, the courthouse, and why you probably won't go there

The Pinellas County Clerk of the Circuit Court keeps the probate files. The main courthouse is at 315 Court Street in Clearwater, and there is also a judicial building in St. Petersburg at 545 First Ave N. Because petitions are filed through the Florida Courts E-Filing Portal, the attorney handles the filing from their office.

In the probates we are involved in, heirs do not stand in front of a judge. They sign at a notary, at home, or by video. A daughter in Largo and a cousin in Ohio sign the same packet in different places, and the attorney files it. That is normal.

Where a buyer fits in, if you plan to sell

Many families already know they will sell the house. In that case, a buyer can come in early, before the court order is signed.

Pinellas Probate Home Buyers is the probate division of 131 Cash Home Buyers, a St. Petersburg company that has been buying houses since 2018. When we buy an inherited house, an independent licensed Florida probate attorney prepares the filings and represents the estate. We pay the probate cost, typically about $3,000 for the attorney and court costs, and it is not taken out of the heirs' share.

One point that surprises people: the court confirms who the heirs are. It does not set the sale price or the closing date. The heirs decide those. You can read the full sequence on our how it works page.

Common hiccups and how they get handled

• Nobody can find the original will. A copy can sometimes be used, but it takes extra steps and extra time. Search the house, safe deposit box, and the office of any lawyer the person used.
• An heir can't be located. The attorney has to show a real effort to find them. Family records, obituaries, and sometimes a private investigator help.
• An heir won't sign. The case may need formal steps such as service and notice. See our guide on inherited houses with multiple heirs.
• There are liens or back taxes. These don't stop probate. They are paid from the sale at closing.
• The house was the person's homestead. The attorney asks the court for an order determining homestead, and every heir with a homestead interest signs the sale.

We’re a home-buying company, not attorneys. This page is general information about Florida probate, not legal advice; an independent licensed Florida probate attorney represents the estate in every probate we pay for. Last updated November 2026.