Short Answer

No — not always. Under Florida law the typical three‑month creditor notice period applies to formal probate administration, but many small‑estate procedures and summary administration routes work differently. Whether you must publish a notice to creditors for three months before you can sell your mother’s house depends on (1) whether the house is homestead or non‑homestead real property, (2) how title is held, and (3) whether the estate must be formally administered or instead can use summary administration or other small‑estate tools.

Detailed answer — How this works in Florida

1. Which procedure controls: formal administration vs. summary administration vs. no probate

Florida has several ways to wind up a decedent’s affairs. The path you take affects creditor notice requirements and your ability to sell real estate.

• Formal administration. This is the full probate process. In formal administration, the personal representative must publish a notice to creditors (and give direct notice to certain known creditors). Creditors then generally have three months from the first date of publication to file claims. That three‑month window is a key reason people say “publish for three months.” See Florida probate provisions governing creditor notice and claims (formal administration) for details.
• Summary administration. Florida allows a shorter, simplified procedure called summary administration when the estate subject to administration in Florida is small (statutory threshold applies) or the decedent has been dead more than two years. Summary administration is faster and may not require the same multi‑week publication schedule used in formal administration. It is commonly used to transfer assets (including, in some circumstances, real property) without a full three‑month creditor publication period. See Fla. Stat. §735.201 for the summary administration rules: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.201.html
• Disposition without administration / small estate affidavits. For modest personal property estates there are non‑court processes (affidavits to claim personal property) that do not involve publication. Important: these usually do NOT apply to real property (land or houses).

2. Real property (a house) raises special rules

Real property often cannot be cleared or sold simply by a small estate affidavit that works for personal property. Title companies and buyers typically require a recorded probate order, a deed, or other proof of authority to transfer title. Whether you can sell the house without formal administration depends on:

• How title was held: if the house was owned jointly with right of survivorship, or passed automatically to a surviving spouse or other joint owner, an administrative proceeding may not be needed.
• Homestead status: Florida’s homestead rules can block transfer by will and provide strong protections to a surviving spouse or minor children. Homestead property often requires special handling in probate, and a sale may require a personal representative or court involvement.
• Whether summary administration is available: if the estate qualifies, a petition for summary administration can obtain a court order transferring property to heirs. That order is generally sufficient to prove title to a buyer or title company without the longer creditor notice schedule involved in formal administration. See Fla. Stat. §735.201: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.201.html

3. Creditor notice timelines — where the “three months” comes from

In formal probate the statute and court rules set a claims period tied to publication and service dates. When a creditor is given only constructive notice (publication), Florida procedure typically gives that creditor three months from the date of the first publication to file a claim. Creditors who receive direct personal notice have different filing windows. Those three months apply to formal administration and are the basis for the common phrase “publish for three months.” See Florida provisions on notice to creditors and claims in probate (formal administration) for details: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.702.html

4. Practical result for selling your mother’s house

– If title already vests automatically in someone (survivor, joint owner), you may not need to publish at all to sell. Obtain a title search and a title company opinion.
– If the house remains solely in your mother’s name, most buyers and lenders will want either (a) a deed signed by an appointed personal representative, (b) a court order transferring title via summary administration, or (c) a probate court confirmation. Summary administration often allows a quicker transfer without the full three‑month publication period, but it still requires filing a petition and obtaining an order. See Fla. Stat. §735.201: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.201.html

– If you must open formal administration, be prepared that creditor notice requirements and the three‑month claims window will usually apply before the personal representative can safely distribute assets or complete a sale.

5. Steps to take now

1. Check how title to the house is held (joint tenants, tenancy in common, solely in decedent’s name). The deed and the county property records will show this.
2. Determine if the property is homestead (affects distribution and the need for court involvement).
3. Get a title search and talk to a local title company — they can tell you what documentation they will require to insure a sale.
4. Talk to a probate attorney about whether summary administration is available or whether formal administration is required. If summary administration is possible, it often avoids the multi‑month publication timetable.
5. If creditors are a concern or there are unknown creditors, expect that formal administration will require publication and the three‑month claims period for creditors who only receive publication notice.

Helpful Hints

• Do not list or sell the house before confirming legal authority to transfer title. An unauthorized sale can create serious liability.
• If the house is homestead, get legal advice right away — Florida homestead law has unique and strict rules.
• Summary administration can be faster and less costly when the estate qualifies; ask a probate lawyer whether your situation meets the statutory threshold. See the summary administration statute: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.201.html
• Keep creditors, mortgage lenders, and tax authorities in mind: outstanding mortgages, property taxes, and other liens typically must be addressed before or at closing.
• Title companies and lenders have their own standards; even if the probate court would allow a transfer, a lender may require additional protections (e.g., payoff of mortgage, court order). Always check with the buyer’s lender and the title company early.
• Document everything: copies of the death certificate, decedent’s will (if any), deed, and any affidavits or court filings are essential.

Disclaimer: This article explains general aspects of Florida probate and small‑estate procedures and is for informational purposes only. It is NOT legal advice. Probate rules are fact‑specific and can vary by county and circumstance. Consult a licensed Florida probate attorney to get advice tailored to your situation before attempting to sell real property belonging to a deceased person.