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Florida Probate Under F.S. Chapter 733 — Applied to St. Johns County
Florida probate is governed by Title XLII of the Florida Statutes, with Chapter 733 specifically addressing the administration of estates. The relevant sections for St. Augustine inherited-property situations:
F.S. § 732.901 — Production of Wills. The custodian of any will must deposit the original will with the clerk of the court having venue of the estate within 10 days of receiving information that the testator is dead. For St. Augustine residents, the venue is the Clerk's Probate Department at the Richard O. Watson Judicial Center. Failure to deposit the will within the 10-day window can result in delays opening probate.
F.S. § 733.601 — Time of Accrual of Duties and Powers. The personal representative's duties and powers accrue at the time of appointment by the St. Johns County Clerk's Probate Department. Letters of Administration evidencing the appointment must issue before the personal representative can act on behalf of the estate.
F.S. § 733.603 — Personal Representative to Proceed Without Court Order. Florida personal representatives have substantial autonomy. The statute directs the personal representative to proceed expeditiously with the settlement and distribution of the decedent's estate without requiring court order for routine administrative actions.
F.S. § 733.612 — Transactions Authorized for the Personal Representative. The personal representative may, without court order, exercise the power to sell, mortgage, lease, or transact in estate property under the authority of the will or the statute.
F.S. § 733.613 — Personal Representative's Right to Sell Real Property. The fast-track section for most St. Augustine inherited-property sales. Where the decedent's will confers specific power to sell or mortgage real property, or a general power to sell any asset of the estate, the personal representative may sell estate real property without court authorization or confirmation. The purchaser takes title free of claims of estate creditors and beneficiaries (except existing mortgages and other liens). Most Florida wills include this power of sale, meaning most St. Augustine inherited-property sales proceed under § 733.613 without separate court action.
The Richard O. Watson Judicial Center Probate Process
Most inherited St. Augustine property situations involve a probate filing with the St. Johns County Clerk's Probate Department at the Richard O. Watson Judicial Center, 4010 Lewis Speedway, St. Augustine, FL 32084 (phone 904-819-3600). The St. Johns County Clerk of Circuit Court and Comptroller is Brandon J. Patty. The probate division operates under the 7th Judicial Circuit of Florida. The chief judge of the 7th Circuit is James R. Clayton. Probate matters are heard by Judge Howard M. Maltz (Division 46 – Probate/Guardianship) and Judge Christopher A. France.
The St. Johns County probate court is distinguished by three procedural features. First, the 7th Circuit encourages Attorney Checklists for all probate submissions in 2026 — petitions submitted with the Attorney Checklist move through clerk review faster than petitions without it. Second, the Clerk's Probate Department prefers the original death certificate to be filed simultaneously with the original will. Failure to provide the death certificate early can result in the clerk's refusal to open the probate file, leading to delays. Third, the Richard O. Watson Judicial Center accepts e-filings through the Florida Courts E-Filing Portal (myflcourtaccess.com).
The probate process opens when an interested party — usually the named executor under the will, or a family member seeking court appointment as administrator if there is no will — files a petition for administration. For straightforward uncontested St. Augustine probates that include the Attorney Checklist and the death certificate at filing, the timeline from petition filing to Letters of Administration typically runs four to eight weeks. Once Letters issue, the personal representative has formal authority to sell estate real property under F.S. § 733.613.
Why St. Augustine Inherited Properties Often Need Cash Buyers
Citizens Property Insurance Corporation (the state-backed Florida carrier of last resort) is phasing in a flood-coverage mandate. Homes valued $400,000 or more by January 1, 2026 must carry flood insurance through NFIP or a private flood carrier. All remaining homes must carry flood insurance by January 1, 2027. The mandate applies even to homes not in FEMA-designated Special Flood Hazard Areas — once a home falls within the value bracket, the rule applies.
The mandate has restructured St. Augustine homeowner economics. For Citizens-insured St. Augustine homeowners — and Citizens is the dominant carrier in St. Augustine because private carriers have aggressively reduced exposure since Hurricane Matthew — the addition of mandatory flood coverage has added approximately $1,800-$3,000+ annually to insurance costs depending on flood-zone designation, elevation, and prior claim history. Combined with the homeowner's premium escalation that drove sellers to Citizens in the first place, total annual insurance costs on St. Augustine flood-zone properties now routinely exceed $7,000-$10,000+.
The structural consequence is a quietly accelerating sell-side pressure across St. Augustine. Homeowners on fixed retirement incomes (a meaningful portion of the St. Augustine population given the city's appeal as a retirement destination) cannot absorb the escalation indefinitely. The traditional-listing path is compressed by the same flood-disclosure dynamic that the insurance crisis is amplifying. Cash sales become the realistic exit path.
Frequently Asked Questions
Get a Written Offer on Your Inherited St. Augustine Property This Week
Whether the property is a 1923 Abbott Tract bungalow, a 1948 Lincolnville frame home, a 1960s Davis Shores concrete-block, a 1990s St. Augustine Shores ranch, or any other inherited St. Johns County property, a written cash offer this week converts the uncertain probate situation into a definite dollar amount. We coordinate with your St. Augustine probate attorney. We handle the closing through the Florida title company. We close on the timeline that aligns with the Richard O. Watson Judicial Center probate workflow. And we offer the post-sale stay flexibility if you need time to coordinate final estate steps.
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