Selling an Inherited House in Fort Myers: How Lee County Probate Works

To sell an inherited house in Fort Myers, Florida, someone first needs legal authority from the Lee County probate court. That authority comes from a summary administration order or from letters naming a personal representative. One number on the county's own site can lead families astray. The Lee County Clerk's probate page still says summary administration applies when "the value of the entire estate does not exceed $75,000."

The statute moved past that figure. Fla. Stat. § 735.201 now reads $150,000, and its history line ends with section 7, chapter 2026-57. Where the two disagree, the statute controls. This guide covers the Lee County filing, both probate paths, homestead, timing, and taxes. There's no rush to decide, and our page on selling a Fort Myers house for cash explains how a direct sale works.

Do you need probate to sell an inherited house in Fort Myers?

A Fort Myers house titled only in the late owner's name generally needs a Lee County probate order, or a personal representative with authority, before it can be deeded to a buyer. The heirs can talk with buyers early, but the deed waits for that authority.

The Lee County Clerk lists the probate paths on its page. Its rule for the larger path is plain: formal administration must be filed by a Florida attorney unless the personal representative is the sole beneficiary.

The small-estate form does not reach a house

The Clerk also offers a "Disposition of Personal Property without Administration." Under Fla. Stat. § 735.301, that filing covers personal property only. That means items Fla. Stat. § 732.402 makes exempt, such as household furniture up to $20,000 and two cars, plus a small amount of other personal property. A house is real property, so it goes through summary or formal administration instead.

Where is Lee County probate filed for a Fort Myers estate?

An estate for a Fort Myers resident is filed with the Lee County Clerk of Court and heard in the Twentieth Judicial Circuit. That circuit serves Charlotte, Collier, Glades, Hendry, and Lee counties.

The Twentieth Circuit lists the Lee County Justice Center tower entrance at 2075 Dr. Martin Luther King, Jr. Blvd., Fort Myers, FL 33901. The Clerk's probate page places its filing office on the second floor there. Under Fla. Stat. § 733.101, the county is chosen by where the late owner lived, not where the house sits:

• A parent who lived in Fort Myers: the case opens in Lee County.
• A parent who lived in another Florida county: the case opens in that county, even for a Fort Myers house.
• A parent with no Florida domicile: the case can open in any county where the parent's property sits, which includes Lee County.

The original will goes to the Clerk within 10 days

Whoever holds the original will has a deadline of their own. Under Fla. Stat. § 732.901, the custodian deposits it with the Clerk within 10 days of learning of the death. The custodian also gives the date of death or the last four digits of the owner's Social Security number.

Summary or formal administration: which path fits a Lee County estate?

Summary administration fits when the Florida estate, less property exempt from creditors, is $150,000 or less, or when the owner died more than 2 years ago. A will that directs formal administration takes the estate out of the summary path.

The statute's own words are the ones to rely on, since the Clerk's page has not caught up:

"...the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $150,000 or that the decedent has been dead for more than 2 years."

Fla. Stat. § 735.201(2), The Florida Legislature, 2026 Florida Statutes

An estate worth between $75,000 and $150,000 after exempt property may now qualify for the shorter path. Which assets count is a question for a Florida probate attorney. The table below sets the two paths side by side, using only what the statutes and the Clerk say.

How long does Lee County probate take before a sale can close?

The total time depends on the court's calendar and on the estate itself, but a handful of statutory clocks set the pace. Knowing them helps a family plan when a closing becomes possible.

A sale does not have to wait for the case to end

In a formal case, a personal representative whose will grants a power of sale can sign and close mid-case. Fla. Stat. § 733.613 lets the buyer take title free of estate creditors' claims and beneficiaries' entitlements, though existing mortgages and other liens on the house stay in place. Without that power, the closing waits for a judge's order. In a summary case, the sale follows the order.

A mortgage is the exception to every claims deadline. Under Fla. Stat. § 733.710(3) and § 733.702(4)(a), neither the 2-year limit nor the 3-month window stops a lender from enforcing a recorded mortgage.

How does Florida homestead law limit the sale of an inherited house?

If the late owner lived in the house and left a spouse or a minor child, Florida's Constitution bars leaving that homestead by will to anyone else. That changes who owns the house, and so who must sign a deed.

The rule sits in Article X, Section 4(c), and the statute repeats it (Fla. Stat. § 732.4015). A homestead may go by will to the spouse only when there is no minor child. Inside a city such as Fort Myers, the homestead protection covers up to one-half acre of contiguous land (Art. X, § 4(a)(1)).

Life estate, remainder, and the 6-month choice

When the homestead cannot pass by will, it descends like intestate property. Under Fla. Stat. § 732.401, a spouse who survives with descendants takes a life estate, and the descendants take the remainder. The spouse may instead elect an undivided half as a tenant in common. That election must be made within 6 months of the death, recorded in the county records, and cannot be undone.

The descent rule does not apply to a house held by the entireties or in joint tenancy with right of survivorship (§ 732.401(5)). With several owners, each owner's share has to be conveyed for a buyer to receive the whole house. Our Florida inherited house guide covers heirs who disagree and other statewide questions.

The representative's limited role

Fla. Stat. § 733.608 keeps protected homestead out of the personal representative's hands as an estate asset. If nobody with an interest lives there, the representative may take possession to preserve, insure, and protect it while its status is decided. The representative can hold a lien on the house for those costs.

Can heirs who live out of town sell a Fort Myers house?

Heirs who live outside Florida can take part in a Fort Myers sale. A nonresident can serve as personal representative only if closely related to the late owner, though.

Under Fla. Stat. § 733.304, a nonresident qualifies when they are:

• an adopted child or adoptive parent of the late owner;
• a lineal relative, such as a child or grandchild;
• a spouse, sibling, aunt, uncle, niece, or nephew, or a lineal relative of one of them;
• the spouse of anyone on this list.

Signing does not always require a trip to Lee County. Fla. Stat. § 117.265 lets a Florida online notary notarize for a signer located outside the state, over recorded audio and video.

What Fort Myers houses are selling for

Heirs far away often want a sense of value first. Redfin's September 2026 data puts the Fort Myers median sale price at about $330,842 for the three months ending September 2026, up 3.7% from a year earlier. The median sale took 81 days on the market, down from 92 days a year before (Redfin, September 2026).

Zillow measures something different. Its Home Value Index for the city stood at about $304,566 in September 2026, down 4.2% from a year earlier (Zillow ZHVI, September 2026). The two sources use different methods, so each figure stands on its own.

What if the inherited house took water in Hurricane Ian?

An inherited Fort Myers house that flooded in Hurricane Ian can still be sold as-is. Rebuilding it inside city limits, though, may trigger the City's 50% substantial damage rule.

The National Hurricane Center's Ian report recorded maximum inundation of 5 to 8 feet above ground up the Caloosahatchee River in Fort Myers. The City's floodplain page defines substantial damage as restoration costs that "equal or exceed 50 percent of the market value" of the building. Improvements made over a 12-month period count together.

A "Fort Myers" mailing address does not prove a house sits inside city limits, and unincorporated addresses fall under Lee County rules. Our guide to selling a Fort Myers house caught by the 50% rule covers how the City measures it.

The flood disclosure

Under Fla. Stat. § 689.302, a Florida seller of residential real property gives the buyer a flood disclosure at or before the contract. The form asks about flood damage during the seller's ownership, flood insurance claims, and FEMA or other flood assistance. It can help to ask the estate's attorney how those questions apply to an estate.

Will the Lee County tax bill change after a death?

The Lee County tax bill on an inherited homestead can rise, because Florida reassesses the house at just value on January 1 of the year after a change of ownership. The late owner's Save Our Homes cap does not automatically carry over.

The rule is in Fla. Stat. § 193.155(3), which also lists transfers that do not count as a change of ownership:

• a transfer to a surviving spouse;
• a transfer by operation of law to the spouse or minor children under § 732.401;
• a transfer at death to a permanent resident who was legally or naturally dependent on the owner.

Our guide to Save Our Homes when you sell in Fort Myers explains how the cap and portability work.

How can Propcash help with an inherited Fort Myers house?

Propcash buys inherited houses directly, in whatever condition the family finds them. Take what you want, leave the rest: the furniture, the garage shelves, and the shed can stay. We make one cash offer based on local market data, show the reasoning behind the number, and charge no commissions or fees.

There's no rush to decide. Our offer stands while the heirs, the personal representative, and the estate's attorney compare it with listing or keeping the house. You pick the closing date once the estate has authority to sell. If a cash sale isn't your best move, we'll tell you. When the family is ready, you can request a no-obligation cash offer or read how Propcash handles inherited house sales.