An Alachua County probate order usually comes before an inherited Gainesville house can be sold.
The Eighth Judicial Circuit says a filed petition does not reach the judge until the parties place it before the Court. Summary administration fits an estate up to $150,000 after exempt property, or a death more than 2 years ago.
This is general information, not legal advice. State rules vary.
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To sell an inherited house in Gainesville, FL, an heir usually needs an Alachua County probate order first. One local step catches families off guard. The Eighth Judicial Circuit's probate procedures page says filing a petition does not place it before the Court, and the Court is not notified of new filings. The parties must bring the matter to the judge, so a filed estate can sit idle until someone does.
This guide covers the Gainesville and Alachua County details: the three probate paths, what has to happen before a house can change hands, and how homestead law shapes who signs. It is general information, not legal advice. A Florida probate attorney can tell you what applies to your family.
Why can an Alachua County probate case sit still after it is filed?
An Alachua County probate case can sit still because the Eighth Judicial Circuit does not act on a filing until someone asks it to. The court is not told that a new petition arrived, so a hearing or a proposed order has to come from the parties.
The circuit hears probate for Alachua County, and its probate procedures page puts the rule plainly:
"The mere filing of a petition with the E-Filing portal or the Clerk of Court’s Office does not place the matter before the Court."
Eighth Judicial Circuit, Probate Divisional Procedures page
The same page adds that "it is the obligation of the parties to place the matter before the Court." In practice, that happens one of two ways:
- A hearing request sent by email, with the county name, full case number, style of the case, the motions, the parties, and the time needed.
- A proposed order sent in Word format to the probate email or through the e-portal, ideally with the circuit's checklist attached.
The page lists two more waits. Orders are not entered until the Clerk has docketed and imaged every supporting document, which "in some counties" can take 7-10 days. The circuit also asks parties to "allow at least 14 days after submitting your proposed orders for review" before following up with the case manager.
A proposed order sent too early is not held. The circuit says it "cannot hold orders waiting for timeframes to run," so a deficient order has to be sent again. That is one reason an attorney who handles Eighth Circuit probate often keeps a Gainesville estate moving.
Does an inherited Gainesville house have to go through probate?
An inherited Gainesville house usually goes through probate when the late owner held it in their name alone. Probate is the court case that gives someone legal authority to transfer the house, and a buyer generally needs that authority to take clear title.
The case belongs in the county where the owner was domiciled (Fla. Stat. § 733.101). For an owner who lived in Gainesville, that is Alachua County. If the owner lived in another Florida county, the case usually opens there, even though the house is in Gainesville.
A house the late owner held with a surviving co-owner, with rights of survivorship, can be treated differently. For purposes of Florida's probate code, real property held as tenants by the entireties, or in joint tenancy with rights of survivorship, is not protected homestead (Fla. Stat. § 731.201(33)). How the deed reads matters, so it helps to pull the recorded deed before anyone files. Our statewide guide to selling an inherited house in Florida covers the broader rules.
Which Alachua County probate path fits the estate?
An Alachua County estate with a house usually takes one of three paths: summary administration, formal administration, or a homestead determination. The estate's size, the date of death, the will, and whether the house was a protected homestead decide which one fits.
| Path | Who qualifies | Key statute | Before the house can be sold |
|---|---|---|---|
| Summary administration | Estate in Florida, less exempt property, not over $150,000, or the owner died more than 2 years ago; the will must not direct formal administration | Fla. Stat. § 735.201; § 735.206 | Creditor search and service, then a court order naming who receives the house |
| Formal administration | Larger estates, or when a personal representative is needed; the Clerk says an attorney must file it unless the personal representative is the sole beneficiary | Fla. Stat. § 733.613 | Letters for the personal representative, then court approval of the sale unless the will gives a power of sale |
| Homestead determination | The house was the owner's protected homestead; the circuit has forms for a stand-alone petition and for use inside summary or formal cases | Art. X, § 4, Fla. Const.; Fla. Stat. § 732.401; § 733.608 | An order on homestead status, then signatures from everyone the order and the law say hold an interest |
The $75,000 figure on the Clerk's page
Summary administration now covers an estate that, less exempt property, "does not exceed $150,000" (Fla. Stat. § 735.201). The section's history ends with chapter 2026-57, its latest amendment. It also allows the path when the owner "has been dead for more than 2 years."
When read on November 12, 2026, the Alachua County Clerk's probate page still described summary administration for an estate that "does not exceed $75,000." The statute is the controlling text. An attorney can confirm which limit applies to your date of death.
Why exempt property matters here
The $150,000 test subtracts property exempt from creditors' claims. A protected homestead is exempt under the Florida Constitution, so a family with a valuable Gainesville house may still fit the summary path. Whether a given house counts as protected homestead is a legal question for your attorney.
When can an Alachua County probate house sale close?
An Alachua County probate house sale can close once the right court order exists. In a summary case, that is the order of summary administration. In a formal case, it is court approval of the sale, unless the will gives the personal representative a power of sale.
In a summary case
Before the order, the petitioner must make "a diligent search and reasonable inquiry" for known creditors, serve them, and provide for payment (Fla. Stat. § 735.206). The court may then order immediate distribution. The people the order names to receive the house can have it transferred to them, and a good-faith buyer from them takes it free of the late owner's creditors' claims.
In a formal case
The general powers list in Fla. Stat. § 733.612 excludes real property from its sale power. Selling a house falls under Fla. Stat. § 733.613 instead. Without a usable power of sale in the will, the personal representative may sell, but "No title shall pass until the court authorizes or confirms the sale."
When the will grants a power to sell real property, the personal representative may sell without that court step. A buyer under a specific power to sell real property, or under a court order, takes title free of estate creditors' claims and beneficiaries' entitlements. Existing mortgages and other liens stay attached until they are paid.
In Alachua County, that court step runs through the same Eighth Circuit process: a proposed order or a hearing request, then the review time. If a mortgage on the house has fallen behind during probate, our guide to selling a Gainesville house before the Alachua County foreclosure sale covers that clock.
How does a protected homestead change the sale?
A protected homestead is not part of the estate assets the personal representative controls, so the usual personal representative sale may not reach it. The family often needs a court determination of homestead status, and then the people who hold title under that order sign.
The rule starts in Fla. Stat. § 733.608. All of the owner's Florida property, "except the protected homestead," is an asset in the personal representative's hands. If an apparent homestead is empty, the personal representative may take possession only to preserve, insure, and protect it, pending a determination of its homestead status.
Who can receive a homestead
The descent rule in Fla. Stat. § 732.401 applies when a homestead was not left by will as the law allows. Article X, Section 4 of the Florida Constitution bars leaving a homestead by will when the owner is survived by a spouse or minor child. The one exception is a gift to the spouse when there is no minor child. Either result can leave more than one person on title:
- A surviving spouse with descendants takes a life estate, and the descendants take the remainder.
- The spouse may instead elect an undivided one-half interest, within 6 months after the death.
City lot or county lot
The constitution's homestead section limits a homestead inside a municipality to one-half acre of contiguous land. Outside a municipality, the limit is 160 acres. A Gainesville mailing address does not always mean the house is inside city limits. An attorney can confirm which side of the line the house falls on.
How long do creditors have to file claims against the estate?
In a formal case, a creditor generally must file within 3 months after the first publication of the notice to creditors. A creditor who must be served gets the later of that date or 30 days after service (Fla. Stat. § 733.702).
Several clocks run at once in an Alachua County estate. The court waits come from the Eighth Circuit's page, and the rest come from statute:
| Clock | What happens | Source |
|---|---|---|
| Up to 7-10 days after a filing | The Clerk dockets and images the filing; "in some counties" it can take this long, and no order is entered before then | Eighth Judicial Circuit probate procedures |
| At least 14 days after a proposed order | The circuit asks parties to wait this long before following up with the case manager | Eighth Judicial Circuit probate procedures |
| 3 months after first publication | Deadline for claims in a formal case; a creditor who must be served gets 30 days after service if that is later | Fla. Stat. § 733.702 |
| 6 months after the death | Deadline for a surviving spouse to elect a one-half interest in a homestead | Fla. Stat. § 732.401 |
| More than 2 years after the death | Summary administration opens to an estate of any size | Fla. Stat. § 735.201 |
That window shapes the money side more than the deed. Under § 733.613, a buyer in a court-approved or power-of-sale transaction takes title free of estate creditors' claims. Estate assets in the personal representative's hands go toward claims, expenses, and distribution (Fla. Stat. § 733.608).
A summary case works differently. The petitioner searches for creditors and serves them before the order. Recipients can later be personally liable for a share of lawful claims, up to the value they received, not counting exempt property (§ 735.206). After 2 years from the death, § 735.206 says the estate is not liable for a claim unless proceedings to enforce it have begun.
Should the family keep the inherited house or sell it?
Keeping, renting, and selling all stay open while probate runs, and there's no rush to decide. It can help to weigh the tax bill, the house's condition, and how far away the heirs live before they choose.
The tax bill can change hands with the house
Save Our Homes caps yearly assessment increases on a homesteaded house. The Alachua County Property Appraiser's FAQ says the cap is the lower of 3% or the change in the Consumer Price Index. It adds, "when a property sells the process begins again." A long-held Gainesville house can carry an assessment well below its market value, and an heir who keeps it may face a different bill. The Property Appraiser's office can explain how a change in ownership affects a specific parcel.
What Gainesville houses sold for recently
Gainesville's median sale price was $272,870 over the three months ending September 2026, up 5.0% from a year earlier (Redfin, September 2026). Houses sold after a median of 57 days on the market, up from 39 days a year earlier, by the same Redfin measure.
Zillow measures something different. Its typical home value for Gainesville was $291,789 as of September 30, 2026, down about 1.3% from a year earlier (Zillow ZHVI, September 2026). Neither figure predicts what one inherited house will bring.
An older house can raise its own questions. If it sits in one of the City's historic districts, our guide to selling a historic house in Gainesville, FL covers the review rules.
How can Propcash help with an inherited Gainesville house?
Propcash is a direct cash homebuyer, so the family works with the buyer itself from the first call to closing. We buy houses as-is, with no repairs, no cleaning, and no cleanout. Take what you want, leave the rest. Sellers pay no fees or commissions, and the family picks the closing date to fit the court's timeline.
A cash offer can sit beside a listing, a rental plan, or keeping the house, with the reasoning shown. Our offer stands, so there is time to share it with your probate attorney and the other heirs. If a cash sale is not your best move, we will tell you. You can request a no-obligation cash offer or read more on our Gainesville cash house buyer page.
Frequently Asked Questions
Does the Alachua County Clerk still list a $75,000 limit for summary administration?
The Clerk's probate page, read November 12, 2026, still describes summary administration for an estate that does not exceed $75,000, excluding exempt property. The statute itself now says $150,000, after its latest amendment by chapter 2026-57 (Fla. Stat. § 735.201). A Florida probate attorney can confirm which figure applies to a given date of death.
Who should a Gainesville family contact about a probate order that has not been signed?
The Eighth Judicial Circuit asks that probate questions go to its probate case manager, not the judge's office. The circuit lists probate@circuit8.org as the preferred contact, with the full case number in the subject line, and (352) 264-6991 by phone. It asks parties to wait at least 14 days after submitting a proposed order before following up.
Do out-of-town heirs have to travel to Gainesville for probate hearings?
The Eighth Judicial Circuit says many probate hearings are being conducted remotely, with no in-person appearances. Its page asks people not to come to the courthouse when a hearing is noticed by Zoom. Status and case management conferences still require attendance unless the court excuses a party, so the notice for each event is worth reading closely.
Who signs the deed after a summary administration order?
After a summary administration order, the people the order names to receive the house are entitled to have it transferred to them (Fla. Stat. § 735.206). A good-faith buyer for value from those people takes the house free of the late owner's creditors' claims and the rights of the surviving spouse and other beneficiaries. A probate attorney can confirm whose signatures a particular deed needs.
Can a surviving spouse change who controls an inherited Gainesville house?
A surviving spouse can, when the house was a homestead that passes by law. If the owner left a spouse and descendants, the spouse takes a life estate and the descendants take the remainder (Fla. Stat. § 732.401). The spouse may instead elect an undivided one-half interest within 6 months after the death, which can leave several owners who all need to sign.
Do heirs have to empty the house before a cash sale?
Heirs do not have to empty an inherited Gainesville house before selling it to Propcash. The family can take what it wants and leave the rest, because Propcash buys houses as-is, with no cleanout and no repairs. Sorting belongings can happen at whatever pace the family chooses before the closing date it picks.
Reviewed by the Propcash Editorial Team under our editorial standards. Published by Propcash, a direct cash buyer of houses. This guide is general information. Laws, fees, and market figures change, so check the current rules for your state.
