Selling Inherited Property in Florida

First, figure out how the title passes

How the deceased owner held title decides the path. Pull the last recorded deed from the county records and check which of these applies:

• Sole name, with or without a will: the house usually goes through probate in the county where the owner lived. The court appoints a personal representative who can sell.
• Revocable trust: the successor trustee sells under the trust's terms, without probate.
• Joint ownership with right of survivorship, or married couple as tenants by the entirety: the survivor owns it and can sell after recording the death certificate.
• Enhanced life estate deed (often called a Lady Bird deed): the named remainder beneficiaries take title at death, usually without probate.

If the owner lived in another state or in Canada and owned a Florida home, probate in the home jurisdiction is often followed by ancillary administration in the Florida county where the property sits. Plan for that before you talk about list dates. It adds a second court, a Florida attorney and more paperwork, though it does not change how the house itself is marketed.

How probate affects a Florida house sale

Florida has two main probate tracks. Summary administration is available when the non-exempt estate is worth $75,000 or less, or when the owner died more than two years ago. It is faster and the court can order distribution without a long administration. Formal administration appoints a personal representative, who receives letters of administration from the court.

In formal administration, a personal representative can usually sell real estate if the will grants a power of sale, or with a court order if it doesn't. Creditors have 3 months from the first publication of the notice to creditors to file claims. Title insurers often want that period handled before they insure a sale of non-homestead property, so the creditor timeline shapes the closing date.

None of this stops you from preparing the house, getting a valuation or even listing it. It does mean the contract should be signed by the person with authority and should allow time for any court approval.

Homestead property has its own rules

If the house was the deceased owner's Florida homestead, two special rules come in. Homestead is generally protected from most creditors' claims, which can make it easier to sell cleanly. And the Florida Constitution limits who can inherit homestead when the owner left a spouse or a minor child: a will can't simply leave it to someone else in those cases. A surviving spouse typically takes a life estate or elects an undivided one-half share as a co-owner, with descendants holding the rest. That split means the spouse and the children usually all sign the deed.

Title companies usually want a court order determining homestead status before they insure the sale. A probate attorney requests it as part of the case. Ask about it early; it is one of the most common reasons an inherited-home closing waits.

Taxes heirs should understand before selling

Florida has no state income tax and no state inheritance tax. The federal question is capital gains, and the key concept is stepped-up basis: an heir's basis is generally the fair market value on the date of death. If you sell close to that value, there is little or no gain. If the house sells for less after costs, there may be a capital loss.

Get a date-of-death appraisal from a licensed appraiser. With the statewide index 6.9% below its June 2024 peak, a parent who died at the peak and a sale today can mean a sale below the stepped-up basis, and the appraisal is how you document it.

Property taxes change too. The deceased owner's homestead exemption and Save Our Homes cap don't carry over to heirs, so the next year's assessment can jump toward market value unless an heir moves in and qualifies for their own homestead. Taxes are paid in arrears, so the estate credits the buyer for the current year at closing. This isn't legal or tax advice; the estate's attorney and a CPA should confirm basis and filing duties.

When several heirs inherit one house

When siblings or other relatives inherit together, they all need to agree on price and terms, and all owners or the personal representative must sign. The usual friction points:

• One heir wants to keep it. A buyout at an appraised value is often cleaner than a listing.
• Someone is living in the house. Agree in writing on carrying costs and a move-out date before you list.
• Disagreement on price. A written valuation from a third party reduces arguments. If nothing works, Florida law allows a court partition, which is slow and expensive for everyone.

Carrying costs and condition while you wait

Probate can take months, and the house still costs money: insurance, property tax, utilities, lawn and pool care, HOA dues. Tell the insurer the owner has died and whether the house is vacant; many policies limit coverage for vacant homes. If there is a mortgage, keep payments current. Federal law generally lets relatives who inherit a home keep the existing loan in place, but missed payments still lead to foreclosure.

Many inherited Florida homes are older, with original roofs, plumbing and electrical. Buyers will need a 4-point and wind mitigation inspection to get insurance. Heirs often sell these homes on the AS IS contract and price for condition, which avoids spending estate money on repairs that one heir has to front.

Disclosure when you never lived there

Personal representatives and heirs often know little about the house. Florida's disclosure duty covers known material facts that aren't readily observable, so disclose what you actually know, including anything you learn from inspections, neighbors or the deceased owner's records. The flood disclosure required since October 1, 2025 covers known flood damage, claims and federal assistance during ownership, so check the owner's insurance files for past claims. If you don't know, say you don't know rather than guessing.

Once authority is settled, a valuation that reflects condition and local sales tells all the heirs where they stand, and the form on this page is set up for that.