Selling an Inherited House in Florida: Probate, Costs & Taxes

The process of selling an inherited house depends on how you inherited it (probate vs. probate-free methods), whether the title is clear, and if all the heirs agree to sell. This guide walks you through everything you need to know, from probate and paperwork, to taxes and selling options.

And if you’re feeling stuck, we can help! Florida Cash Home Buyers is very experienced in navigating the probate process and can work with you to buy your home for cash. We typically pay for, and handle the probate, so you don’t have to worry about that. Contact us today to see how we can help.

What to Know About Selling Your Inherited House in Florida

• Formal probate can take 6 to 12 months, while summary administration typically takes 4 to 8 weeks.
• Probate is usually required before you can sell if the home was in the deceased’s name only.
• Avoid probate if the home was passed through a Lady Bird deed, a living trust, or joint ownership with survivorship rights.
• You typically lose 8% to 10% of the sale price when selling on the open market due to commissions, doc stamps, title costs, and closing costs.
• Florida has no inheritance tax or estate tax. Due to the stepped-up basis, you’re taxed on appreciation after the date of death, so if you sell within a year or two you may owe minimal federal capital gains.
• All heirs typically must agree to sell unless a court orders a sale through partition.
• Selling options include listing with a realtor, FSBO, or a cash home buyer.

How Long Does It Take to Sell an Inherited House in Florida?

If the property goes through formal probate, it can take 6 to 12 months or more to sell the property.

Formal administration takes at least five to six months before the title can be transferred, including a three-month creditor claim period that’s required for all probate. In more complex cases, like if the estate needs to file a federal tax return, the will is contested, or there is no will, probate can take 12 months or more.

Summary administration is faster because it doesn’t run that same creditor process. And homestead property can also speed up the process because it generally passes directly to the heirs rather than into the estate, and heirs can often sell once the court enters an Order Determining Homestead Status.

After the title is in your name, you’ll have the most flexibility with how you can sell the house. However, some situations allow home sales during probate, and we explain those below.

How to Sell an Inherited House in Florida

The process for selling an inherited house depends on if it was a primary residence, how much the home is valued at, and if any estate planning tools were used. These steps will help you classify your property and determine the necessary route to sell it.

If you anticipate a lengthy probate process or don’t plan to sell right away, get a date-of-death appraisal. This will help determine how much capital gains you owe when you sell because the IRS resets the cost basis to fair market value on the date of the previous owner’s death.

1. Know When Probate Isn’t Required

Probate is a court process that confirms the will is valid, appoints a personal representative to act on the estate’s behalf, gives creditors a chance to be paid, and transfers a clear title to the heirs. A primary residence is protected homestead property, meaning that it’s shielded from most creditors and they can’t force a sale.

In Florida, not every inherited property has to go through probate. Certain estate planning tools allow ownership to transfer automatically upon death, giving heirs the legal authority to sell right away:

• Lady Bird Deed (Enhanced Life Estate Deed): The original owner keeps full control during lifetime, but property passes automatically to named beneficiaries at death. Since title transfers automatically, the new owners can list and sell the home as soon as they record the death certificate in county records.
• Revocable Trust: If the home was placed in a living trust, the successor trustee already has authority and can sell the home without court involvement. The trustee will need to provide a certificate of trust to the title company.
• Joint Ownership with Rights of Survivorship: When property is owned jointly with survivorship rights, the deceased person’s share automatically transfers to the surviving owner(s). After the death certificate is recorded, the surviving owner has clear title and can move forward with a sale.

If probate isn’t required, you can generally sell the property as soon as ownership records are updated and the title is confirmed free of liens. In that case, skip ahead to Step 5 for selling options. If the property was left to family members in a will (or with no will at all), probate is required before you can sell.

2. Determine Which Type of Probate You’ll Proceed With

If the deceased owned the property in their name alone, the estate must go through probate before you can sell. Probate validates the will (if one exists), appoints a personal representative (executor), and ensures debts and taxes are paid before distributing assets.

Because probate can be complex, most families choose to work with a Florida probate attorney. They’ll determine the correct probate type, prepare and file petitions, and guide you through the necessary court proceedings. Florida Cash Home Buyers partners with reputable probate attorneys that can help you through the probate process if you choose to sell your home to us for cash.

There are two primary types of probate:

• Summary Administration: This is a simplified process if the estate is valued under $75,000 (excluding the primary residence) or if the decedent has been dead more than two years. It can take as little as 4 to 6 weeks.
• Formal Administration: This is the standard probate process, typically lasting 6 to 12 months or more for complex estates.

If there’s no will, assets are distributed according to Florida’s intestacy laws, and the court oversees the process to ensure creditors are paid before heirs receive their shares.

Out-of-State Owners Require Ancillary Administration

If the deceased was a resident of another state but owned real estate in Florida, the Florida property can’t be transferred by that state’s probate court alone. The main (domiciliary) probate happens in the state where the person lived, but an ancillary probate is opened in Florida to clear the title for sale or transfer. You’ll typically need to pay attorney fees in both states and add an extra 3 to 6 months to the timeline.

3. File for Probate

After you’ve determined that probate is required and identified whether it will be summary administration or formal administration, the next step is to file (or have your lawyer file) with the probate court.

This begins with submitting a certified copy of the death certificate, the original last will and testament, an affidavit of heirs, and the necessary petitions to open administration. The court reviews these filings to confirm everything in order.

• In formal administration, the court will issue Letters of Administration to the personal representative, giving them authority to act on behalf of the estate.
• In summary administration, the court issues an Order of Summary Administration, which distributes assets more quickly to the rightful heirs.

Before the property can be sold, the estate’s debts and creditor claims typically need to be addressed. In a formal administration, the personal representative must publish a notice to creditors, who then have three months from the date of notice to file claims. Valid debts must be paid or resolved before assets can be distributed or sold.

In a summary administration, this process is streamlined, but creditors may still have rights depending on the situation. If the decedent has been dead more than two years, creditor claims are barred outright.

Once these steps are complete and the court’s orders are in place, the personal representative has the legal authority to move forward with selling the property. However, a few exceptions allow a home sale during probate, which we outline below.

4. Confirm the Timeline for Selling Your Home

Before you start choosing a listing strategy, understand whether or not you can sell during probate.

When a Home May Be Sold During Probate

In some situations, a personal representative — a court-appointed person, bank, or trust company who handles the estate — may be able to sell a home during probate, if it’s determined to be in the best interest of the estate. Here are the main circumstances that allow the personal representative to sell a home during probate.

• The will contains a power of sale clause. Florida Probate Code 733.613 gives a personal representative authority to handle estate transactions. If the will specifically includes a power of sale clause, the personal representative can sell the property without first seeking court approval.
• The court determines it’s not a homestead property. Homestead properties in Florida are generally protected from creditors and usually pass directly to heirs, meaning they cannot be sold to satisfy debts. A rental, vacation home, or second property is different. It’s an ordinary estate asset, and the personal representative can sell it to pay debts or distribute the proceeds among beneficiaries.
• The decedent did not have a will (intestate). If there is no will, the court appoints a personal representative to manage the estate. They may sell the home during probate, but court approval is required before the sale can proceed.

When a Home May Not Be Sold During Probate

In these situations, the personal representative cannot sell the home during probate.

• The property is a protected homestead. In Florida, a primary residence (homestead property) is protected from most creditors’ claims. Creditors cannot force the sale of a homestead property to satisfy debts, and the property typically passes directly to the heirs or surviving spouse instead of being sold to pay estate obligations. Once the court enters an Order Determining Homestead Status and title vests in the heirs, the heirs can sell it themselves, often well before the estate closes.
• A minor child is involved. Florida’s homestead inheritance rules mean the home could not be freely left to someone other than a surviving spouse or a minor child. If a minor child holds an interest, you generally cannot sell without court involvement.
• The beneficiaries object. If there isn’t a reason to sell the house, like paying off debts and the beneficiaries object to the sale, the court may not approve the sale during probate.
• A petition for Summary Administration has not been granted. Until the court grants the Petition for Summary Administration, the property cannot be sold. Once approved, the court issues an order distributing assets to the rightful heirs. Only then can the heirs, not the personal representative, sell the property.

Remember, every situation is unique. It’s best to consult a probate attorney to understand your options.

5. Choose How to Sell Your Property

After you obtain legal authority to sell, your next step is deciding how to market and close the sale. Your main options include:

• List with a real estate agent: This maximizes exposure and sale price, but you’ll pay a listing commission of 2.5% to 3%, and most sellers still end up covering a buyer’s agent commission of 2% to 3% as a concession. It may also take longer to close.
• Sell to a cash home buyer: This is the fastest and least complicated route. A cash home buyer like Florida Cash Home Buyers will purchase the home as-is, cover most of the costs, and close in days to weeks. This can help heirs avoid paying carrying costs month after month.
• For sale by owner (FSBO): You can choose to sell the home yourself and save on the listing commission, but you’ll need to handle pricing, marketing, negotiations, and paperwork yourself. Most FSBO sellers still pay the buyer’s agent.
• Auction: Auctions allow you to sell fast. The highest bidder wins, but you risk the property selling for less than its fair market value.

After a property sale is complete, you’ve passed the creditor claim period (90 days), and debts and probate fees have been paid, money from the sale is distributed to beneficiaries. Before the 90 days are up, funds from the sale are typically held in either a court-restricted account or the petitioning attorney’s account until they can be legally disbursed.

Documents Required to Sell an Inherited House in Florida

While a probate attorney and real estate agent will help walk you through each process and guide you through the required documentation, it’s helpful to have a general idea of what’s required so that you can prepare. Common documents for probate and the sale of an inherited property include:

• Core probate documents: Death certificate; will (if any); affidavit of heirs; Letters of Administration or Order of Summary Administration; Order Determining Homestead Status (if applicable)
• Property and Title Documents: Deed; title report; mortgage payoff; HOA estoppel certificate (if applicable); date-of-death appraisal
• Disclosures: Property condition disclosure; lead-based paint disclosure (if pre-1978); radon disclosure; flood disclosure; HOA rules/dues
• Supporting records: Property tax bill; receipts for repairs; utility bills; current insurance policy

The Cost of Selling an Inherited House in Florida

Selling an inherited house costs more than selling your own due to the holding costs and added probate fees. Every month the estate sits in probate is another month of taxes, insurance, utilities, and HOA dues coming out of what the heirs eventually split. If you sell the traditional route, you incur commission and closing costs, too. Here’s what you can expect.

Do All Heirs Have to Agree to Sell the Property?

Yes, generally all heirs must agree to sell the property. Once probate distributes the property, co-heirs typically own it as tenants in common, meaning they have to make decisions together.

If heirs don’t agree to sell, there are alternatives:

• A buyout: One heir buys out the others’ shares at fair market value. It’s best to establish this by getting an appraisal.
• Partition lawsuit: If heirs can’t agree, any co-owner has the right to file a partition action to ask the court to divide or sell the property. This can result in a partition by sale or a partition in kind, which is physically dividing the land and not common for a single-family sale. A court-appointed commissioner or the parties may handle the sale, and proceeds are split according to each owner’s sale. Because litigation is involved, there are added legal fees, and the process can take 6 months to 2 years.

Florida’s Uniform Partition of Heirs Property Act

If you inherited the home from a relative and hold it with other family members as tenants in common, property falls under the Partition of Heirs Property Act.

1. The court first determines the property’s value, usually through an appraisal by a disinterested appraiser (§ 64.206).
2. Co-tenants who don’t want to sell get the first right to buy out the co-tenants who do, at that appraised value (§ 64.207). Heirs who want to keep the home in the family can effectively force the buyout.
3. Only if nobody elects to buy does the court move to a sale.

Taxes on the Sale of an Inherited Home

Florida does not have a state inheritance tax or estate tax, and Florida doesn’t tax capital gains at the state level either. Federal taxes may apply, depending on your situation. Always consult a tax advisor for guidance specific to your case.

Federal Capital Gains Tax

When you inherit a property, the IRS sets its value at the “stepped-up basis,” which is the fair market value on the date of the previous owner’s death. If you owned the home jointly with the deceased (for example, a surviving spouse on a joint deed), only the deceased’s half of the property gets the step up. Your original half keeps its original basis.

If you sell the property for more than the value of the home, the difference is considered a taxable capital gain. Selling costs (commissions, closing costs, and improvements) can be deducted to lower taxable gains.

• Inherited property is always taxed as long-term capital gain, even if you sell it immediately after inheriting. This is significant because long-term gains are taxed at lower preferential rates — 0%, 15%, or 20% depending on your income bracket.
• If you live in the home for two out of the last five years, you’re eligible for a primary residence tax exclusion. You may exclude up to $250,000 of gains (single filer) or $500,000 (married couple) from taxation.

Property Tax

Property taxes continue to accrue after inheritance and must be paid until the sale closes.

• At closing, property taxes are usually prorated between seller and buyer based on the transfer date.
• If the deceased owner had unpaid property taxes, those must be settled before closing.

If the heirs don’t make the home their permanent residence, the homestead exemption and the Save Our Homes 3% assessment cap are lost, and the property is reassessed at full market value the following January 1, which can greatly increase property taxes.

Florida Documentary Stamp Tax (Transfer Tax)

Florida charges a documentary stamp tax whenever a deed is recorded, including inherited property sales.

• The rate is $0.70 per $100 of the property’s value (0.7%) in most counties, and $0.60 per $100 in Miami-Dade for single-family homes.

Federal Estate Tax

Florida has no estate tax, but the federal estate tax applies to very large estates.

• For 2026, the exemption is $15 million per person ($30 million for a married couple using portability).
• If the estate exceeds the threshold, the personal representative must file IRS Form 706 within nine months of the date of death.

The estate pays the tax before heirs receive assets, so while it doesn’t directly impact the sale of an inherited property, it can impact overall inheritance.

Depreciation Recapture Tax

If the deceased rented the property and claimed depreciation, you do not inherit that depreciation. The stepped-up basis wipes the slate clean. There is no recapture on the previous owner’s depreciation deductions.

Recapture applies only if you rent the property out after inheriting it and claim depreciation yourself. In that case, when you sell, the portion of the gain equal to the depreciation you took is recaptured. It’s taxed as ordinary income up to a maximum rate of 25%.

Florida Cash Home Buyers Make the Selling Process Stress-Free

Navigating the probate and sale process can feel intimidating, but we’re here to help. Florida Cash Home Buyers has helped many homeowners navigate probate with the help of trusted lawyers. If you want to get a cash offer or simply want to understand your options, contact us today!