ESTATE PROPERTY MANAGEMENT DURING PROBATE · LEE COUNTY, FLORIDA

Managing Estate Property in Florida During Probate

If the estate includes a home, vacation property, or second residence in Florida, that property needs attention, starting now. This guide walks you through exactly what to do, when to do it, and what to watch for.

Florida-Specific Guidance

Includes First-Week checklist

Florida Weather Considerations

Educational Information Only: This page is intended to provide general guidance about managing estate property in Florida. It is not legal advice. Every estate is different. Please consult a licensed Florida probate attorney for guidance specific to your situation.

UNDERSTANDING YOUR RESPONSIBILITY

Why Estate Property Requires Immediate Attention?

When someone passes away, any real estate they owned becomes part of the probate estate. As the Personal Representative, the person Florida courts appoint to manage the estate, you have a legal duty to protect that property throughout the probate process.

This responsibility is not optional. Under Florida law (Chapters 731-735, Florida Statutes), the Personal Representative has a fiduciary duty to preserve estate assets. Real property is often the estate’s largest and most complex asset – and unlike a bank account, a vacant home can can lose value quickly if it’s not cared for.

The challenge is that many families managing Florida probate are not physically located here. If you’re handling an estate from Ohio, New Jersey, Michigan or another state, the property may have been sitting unattended since your loved one passed. That’s when time-sensitive problems tend to develop.

This guide is organized to help you understand what needs to happen, in what order, and why it matters, so you can make informed decisions without feeling overwhelmed.

30
Days – Typical Insurance Gap Window

Many standard homeowner’s policies reduce or suspend coverage when a home has been vacant for 30-60 days. Review the policy immediately.

6-12
Months – Average Formal Probate Timeline

During this entire period, the property must be maintained, insured, and protected – whether it’s being sold or transferred to heirs.

June-Nov
Florida Hurricane Season

A vacant property with no one monitoring it during storm season faces elevated risk. Preparation and local contracts matter significantly.

Primary Residences

The most common situation. The home may have a homestead exemption that affects property taxes. Utilities, lawn care, and insurance are the first priorities.

Vacation & Second Homes

Many Florida estates involve snowbird properties or second homes. These are often managed remotely and may not have local support systems already in place.

Investment Properties

If the estate includes rental property with tenants, additional legal considerations apply. Lease agreements remain active and tenant rights must be respected.

ACT WITHIN THE FIRST 7-10 DAYS

The First-Week Property Checklist

These steps should happen as soon as possible after a death – ideally within the first week. Some of these actions protect you legally. Others protect the property financially. All of them are important.

If You Cannot Get to the Property Immediately

If you are out of state or otherwise unable to visit the property right away, consider asking a trusted local contact – a neighbor, family friend, or hired property manager – to do an initial walkthrough and report back. Some tasks below can be coordinated remotely by phone. Do not leave the property unattended and unmonitored for an extended period.

Secure the Property – Change All Locks

Re-key or replace all exterior door locks. This ensures no one with an old key can access the property. Include any garage door codes or gate keypads.

Conduct a Full Walk-Through

Inspect every room, closet, garage, and exterior. Document the condition of the property with photos or video. This creates a baseline record.

Review Homeowner’s Insurance Immediately

Locate the policy and call the insurance company to notify them of the owner’s death. Ask specifically about their vacancy clause – coverage rules for unoccupied homes.

Keep Utilities Active

Do not cancel electricity or water. In Florida’s heat and humidity, a home without HVAC can develop mold within weeks. Keep the A/C set to at least 78–80°F.

Redirect or Pause Mail

Forward mail to your address or place a hold with USPS. An overflowing mailbox signals vacancy. Retrieve any bills – especially those related to utilities, insurance, or HOA dues.

Check for Homeowner’s Association (HOA)

If the property is in an HOA, notify them of the owner’s death. Ask about any outstanding fees, violations, or upcoming assessments that the estate will be responsible for.

Arrange Lawn Care and Exterior Maintenance

Florida vegetation grows quickly. an overgrown lawn draws attention – and in some communities, HOA violations. Set up a recurring lawn service from day one.

Remove Perishables and Address Odors

Clear the refrigerator, pantry, and any perishable items. Empty trash. In Florida heat, this becomes urgent very quickly. consider a clean-out service if needed.

Identify and Secure High-Value Personal Property

Note the location of jewelry, artwork, documents, vehicles, and other valuable items. Keep a written record. Do not distribute or remove items until the estate is formally opened.

Set Up a Property Check Schedule

Establish who will check on the property and how often, weekly is recommended for a vacant home. This can be a neighbor, property manager, or trusted contact.

Locate the Deed and Property Documents

Find the original deed, property survey, and any title insurance documents. These will be needed during probate. If you can’t locate the deed, a copy can be obtained from the Lee County Property Appraiser’s office.

Check for Any Open Permit or Code Violations

Search the Lee County building department records for open permits or unresolved code violations. These can complicate or delay a future sale.

If You Cannot Get to the Property Immediately

If you are out of state or otherwise unable to visit the property right away, consider asking a trusted local contact – a neighbor, family friend, or hired property manager – to do an initial walkthrough and report back. Some tasks below can be coordinated remotely by phone. Do not leave the property unattended and unmonitored for an extended period.

THROUGHOUT THE PROBATE PROCESS

Ongoing Property Maintenance During Probate

Probate in Florida typically takes six months to a year for formal administration, sometimes longer. During that entire period, the property remains the estate’s responsibility. Here’s what consistent, ongoing management looks like.

Monthly Essentials

These are the baseline tasks that need to happen every month, regardless of what else is happening with the estate or the probate timeline.

TASK
WHY IT MATTERS

Property walk-through or check

Catches maintenance issues before they escalate

Lawn and landscaping

HOA compliance; signals an occupied, cared-for home

HVAC filter and system check

Prevents equipment failure and mold in Florida humidity

Pay utility bills

Keeps electricity and water active

Pay HOA dues if applicable

Avoids liens that could complicate the estate

Property tax review

Taxes continue to accrue; confirm homestead status

Insurance policy check-in

Confirm coverage remains active and adequate

Florida Weather & Hurricane Readiness

Lee County is in Southwest Florida – one of the most hurricane-prone regions in the state. If the estate property will sit vacant during any portion of hurricane season (June through November), these steps matter.

  • Confirm hurricane shutters or storm panels are in place and functional
  • Trim trees and shrubs away from the structure
  • Ensure the roof condition is known, an inspection is worthwhile if unknown
  • Store or secure any outdoor furniture, pots, or decorative items
  • Know where the main water shutoff is located
  • have a local contact who can check the property after a storm
  • Verify that flood insurance is in place if the property is in a flood zone
  • Keep a record of the insurance adjuster’s contact information

After any hurricane or tropical storm, document any damage with photographs before making repairs, and contact the insurance company before authorizing any repair work.

Pool Maintenance

If the estate property has a pool, do not let it go unattended. An unmaintained pool becomes a safety hazard and a breeding ground for mosquitoes. Arrange for weekly pool service, it’s a relatively low cost compared to the problems an untreated pool creates.

When Repairs Come Up

As the Personal Representative, you have the authority, and the responsibility, to authorize necessary repairs to estate property. This is part of your fiduciary duty to preserve assets. A leaking roof, broken A/C unit, or plumbing failure should be addressed promptly.

Keep detailed records of all repairs: what was done, who did the work, and what it cost. Retain all invoices. These are estate expenses that will be documented during the probate accounting process.

For large or non-emergency repairs, consult with your probate attorney about whether court approval is needed before spending significant estate funds.

PLANNING AHEAD FINANCIALLY

Understanding Estate Property Carrying Costs

Estate property costs money every month it sits in probate. These ongoing expenses are paid from estate funds, but if the estate doesn’t have liquid assets available, the Personal Representative may need to advance costs temporarily. Understanding what to expect helps you plan.

$150-400
Utilities / Month

Electric, water. Keep A/C running – don’t cancel.

$120-300
Lawn Care / Month

Weekly or biweekly service. Essential for HOA or code compliance.

$100-200
Pool Service / Month

Weekly service if property has a pool. Non-negotiable in Florida.

Varies
HOA Dues / Month

Varies widely by community – check immediately. Liens accumulate.

Varies
Property Insurance

Must remain active. Vacant home riders may increase cost.

Varies
Property Tax

Due annually. Review homestead exemption status.

$200-600
Property Management

If hiring a local property manager for oversight and coordination.

Unexpected
Emergency Repairs

Roof, HVAC, plumbing, electrical wiring. Budget a reserve for unplanned costs.

These Costs Are Estate Expenses

Reasonable expenses for maintaining estate property are payable form estate funds and are documented in the final accounting. Keep every receipt. If the estate is cash-poor and you are personally advancing funds, track those carefully and speak with your probate attorney about proper reimbursement procedures.

SNOWBIRDS & SECOND HOMES

Managing a Vacation home or Second Home From Afar

Lee County and Southwest Florida are home to thousands of seasonal residents – retirees and snowbirds who split their time between Florida and northern states. When a snowbird passes away, their Florida property is often left without a local support network.

A vacation home or second home in probate presents the same legal obligations as a primary residence, but with added logistical challenges. There may be no neighbors watching out for the property. No local handyman already on call. No familiarity with the HOA or the local venders.

If you are managing a Florida second home from out of state, the most important early decision is whether to hire a local property manager. A qualified property manager can serve as your eyes and ears on the ground, handling everything from monthly checks and maintenance coordination to emergency response and vendor oversight.

This is not an additional luxury. For a vacant property sitting unattended in Southwest Florida’s climate, local oversight is often the most important single decision you can make.

What a Local Property Manager Can Do

A property manager can conduct regular walkthroughs and report conditions to you, coordinate and oversee repair vendors, respond to emergencies when you can’t be there in person, handle HOA communications on your behalf, manage lawn care, pool service, and pest control, and provide documentation and photos for the estate record.

Their fees are an estate expense when the management is for estate property during probate. Keep all contracts and invoices.

Checklist: Out-of-State Property Management

  • Identify a local point of contact immediately (neighbor, manager, or friend)
  • Research and hire a licensed local property manager if needed
  • Ensure the property manager has emergency access authorization
  • Set up electronic payment for utilities, HOA, and lawn care
  • Request monthly written reports with photos
  • Verify insurance is current and covers vacancy
  • Confirm all deadlines: HOA dues, property tax, permit renewals
  • Plan at least one in-person visit during the probate process

The One Trip You’ll Likely Need to Make

Even with excellent remote coordination, most out-of-state Personal Representative find they need at least one visit to the Florida property. That visit is most productive when used to: secure the property, conduct a through inventory, retrieve important documents, meet with the local probate attorney, and assess the property’s condition firsthand.

COMMON MISTAKES AND BEST PRACTICES

What to Do – and What to Avoid

Personal Representatives often make well-intentioned decisions that create complications later. This quick reference reflects the most common issues we see during Florida estate property management.

DO THESE THINGS

  • Notify the insurance company of the death and ask about vacancy provisions
  • Keep all utilities active – especially electricity
  • Document property condition with photos from the first visit
  • Set up recurring maintenance: lawn, pool, pest control
  • Keep records of every expense paid from or for the estate
  • Consult your probate attorney before authorizing major repairs
  • Verify homestead exemption status with the Lee County Property Appraiser
  • Hire a local property manager if you can’t be there regularly
  • Check for open permits or code violations before listing
  • Treat all heirs’ interests equally when managing shared property

AVOID THESE MSTAKES

  • Don’t cancel utilities – humidity and heat damage vacant homes quickly
  • Don’t remove or distribute personal property before the estate is opened
  • Don’t ignore HOA notices – fines and liens accumulate fast
  • Don’t make major changes to the property without attorney guidance
  • Don’t let the homeowner’s insurance lapse or go unreviewed
  • Don’t assume the property can sit unattended – it cannot
  • Don’t list or agree to sell the property before probate is properly
  • Don’t overlook Florida’s hurricane season risk for vacant properties
  • Don’t pay estate expenses from your personal accounts without documenting reimbursement
  • Don’t favor one heir’s interests over another when managing joint estate property

AT A GLANCE

Estate Property Management Timeline

Property responsibilities don’t end after the first week. Here’s how they typically evolve across a standard Florida probate timeline.

1

DAYS 1-7

Immediate Security and Stabilization

Change locks. Conduct walk-through. Review insurance. Redirect mail. Activate lawn care and pool service. Identify local contact. Keep utilities on.

2

WEEKS 2-4

Property Inventory and Documentation

Complete a full inventory of personal property. Secure high-value items. Confirm insurance coverage in writing. Identify HOA requirements. Get the deed and property records located.

3

MONTHS 2-3

Probate Opens – Property Management Becomes Formal

Once the estate is formally opened with the court, the Personal Representative’s authority is official. This is when property can be listed for sale (if appropriate), appraisals ordered, and formal accounting of carrying costs begins.

4

Month 3-9

Ongoing Maintenance and Decision-Making

Continue monthly maintenance routine. Evaluate property decisions with attorney guidance: sell, transfer to heir, or hold. Document all expenses. Communicate regularly with heirs.

5

MONTHS 9-12+

Property Transfer or Sale – Estate Closes

Real property is either sold through the probate process or transferred to beneficiaries via a Personal Representative’s Deed. All carrying costs are documented in the final accounting. Estate closes.

FREQUENTLY ASKED QUESTIONS

Common Questions About Estate Property in Florida

Generally, no – not without the court’s involvement. In Florida formal administration, the Personal Representative has authority to sell real property, but the process must be followed properly under Florida Statutes. Attempting to sell estate property outside of probate can create serious title problems. Speak with your probate attorney about the appropriate process and timing.

This is one of the most serious risks during probate. If coverage lapses and the property sustains damage, the estate, and potentially the Personal Representative, may be held responsible. Contact the existing insurer immediately, notify them of the death, and confirm ongoing coverage. If the insurer won’t continue coverage for a vacant property, seek a vacant property or estate property insurance ride.

Reasonable and necessary property maintenance expenses are paid from the estate. This includes utilities, lawn care, pool service, property insurance, HOA dues, and necessary repairs. These are documented as estate expenses and accounted for in the final estate accounting. If you advance funds personally, keep meticulous records so you can be properly reimbursed.

This is common, and it’s one of the most emotionally difficult aspects of estate administration. As the Personal Representative, your duty is to act in the best interest of the estate as a whole, not to favor any individual heir. Your probate attorney can help you navigate disagreements and if necessary, the court can provide guidance when heirs cannot reach consensus.

Existing lease agreements generally remain in effect after the property owner’s death. The tenant’s legal rights are not automatically affected by probate. The Personal Representative steps into the role of landlord for the duration of the lease. Consult your probate attorney before taking any action regarding a tenanted property, Florida landlord-tenant law has specific provisions that apply.

Many tasks can be handled remotely, but most out-of-state Personal Representatives find at least one in-person visit necessary, particularly to secure the property, conduct inventory, and meet with local professionals. Beyond that initial visit, much of the work can be coordinated by phone, email and through a local property manager or attorney. Florida does generally require that non-resident Personal Representatives be represented by a Florida-licensed attorney.

ABOUT THIS RESOURCE

Guidance You Can Trust, From Someone Who Understands

LeeProbateResource.com was created by Michelle Miller, a licensed Florida Real Estate Agent based in Lee County, Florida. Michelle holds a “Certified Probate Expert” designation and she words with families navigating probate who need to understand, and make informed decisions about Florida estate property.

She is not an attorney and does not provide legal advice. What she does provide is practical, property-specific guidance for Personal Representatives and heirs who need to understand their options when real estate is part of the estate.

When property decisions arise, whether to sell, hold or transfer, Michelle is available as an experienced local resource.

Learn more about Michelle →

Continue Your Research

This page is one part of broader educational framework designed to walk you through every stage of Florida probate.

Florida Probate Guide

→

Personal Representative Guide

→

Real Estate in Probate

→

Other Resources

→

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