Selling an Inherited House in Florida — Process, Probate & Taxes

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

If you’re considering selling an inherited house in Florida, the process will depend on how you inherited it (probate vs. probate‑free methods), whether the title is clear and if all heirs agree. This quick guide walks you through everything you need to know—from probate paperwork to taxes and selling options.

Stuck or unsure? We can help you navigate probate and, if it makes sense, buy your home for cash. Contact us today or call (813) 491-9218.

Key Takeaways: What You Need to Know About Selling an Inherited House in Florida

  • Probate is usually required if the home was in the decedent’s name only.
  • Ways to avoid probate may include a Lady Bird Deed, a revocable trust, or joint ownership with rights of survivorship (if set up in advance).
  • You’ll need key documents such as the death certificate, proof of ownership, and a title report.
  • All heirs typically must agree to sell, unless a court orders a partition sale.
  • Taxes may apply, including potential capital gains, prorated property taxes, documentary stamp tax for deed transfer, and depreciation recapture if the property was a rental. A federal estate tax may apply only to very large estates.
  • Selling options include listing with a realtor, selling FSBO, working with a local cash home buyer, or using an auction.

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

If the property goes through probate, it can take 6 to 12 months or more to sell, depending on the county and whether the estate is contested. Florida probate includes a creditor claim period that’s typically three months. Complex estates—or those with disputes—can take longer.

Once the title is in your name and the court has granted authority to sell, you’ll have the most flexibility with timing and method of sale. If you need to sell quickly, we can often make a fair cash offer and coordinate closing on your schedule.

How to Sell an Inherited House in Florida — Step 1

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.

1. Know When Probate Isn’t Required

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 trustee already has authority and can sell the home immediately without court involvement.
  • 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). Once 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 4 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.

Inherited House in Florida — Steps 2–4

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 any), appoints a personal representative (executor), and ensures debts and taxes are paid before distributing assets.

There are two primary types of probate:

  • Summary Administration: A simplified process when the estate is valued under $75,000 (excluding the primary residence) or when the decedent has been deceased for more than two years. It can take as little as 4–6 weeks.
  • Formal Administration: The standard probate process, typically lasting 6–12 months or longer 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.

Because probate can be complex, most families work with a Florida probate attorney to determine the correct probate type, prepare and file petitions, and guide you through the necessary court proceedings.

3. File for Probate

Once you’ve determined that probate is required (and whether it will be summary or formal), the next step is to file with the probate court. This starts by submitting a certified copy of the death certificate, the original last will and testament (if any), an affidavit of heirs, and the petitions needed to open administration.

  • In formal administration, the court issues Letters of Administration to the personal representative, authorizing them 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, estate debts and creditor claims are typically addressed. In a formal administration, the personal representative must notify creditors, review claims, and ensure valid debts are resolved before assets can be distributed or sold. Summary administration is more streamlined, but creditors may still have rights depending on the situation.

Once the court’s orders are in place, the personal representative has legal authority to move forward with selling the property. A few exceptions allow a sale during probate, which the court may approve on a case-by-case basis.

4. Choose How to Sell Your Property

After you obtain authority to sell, decide how you’ll market and close the sale. Common options:

  • List with a real estate agent: Maximizes exposure and potential sale price, but you’ll pay 5%–6% in commissions and the process may take longer to close.
  • Sell to a cash home buyer: Fastest and least complicated. A local cash buyer can purchase the home as-is, cover most closing costs, and often close in days to weeks.
  • For sale by owner (FSBO): You control the sale and save the listing commission, but you’ll need to handle pricing, marketing, negotiations and paperwork yourself.
  • Auction: Sells fast to the highest bidder, but you may risk selling below fair market value.

After a sale is complete, you’ll pass the creditor claim period (generally about 90 days). Once valid debts and probate fees are 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 attorney’s trust account until distribution is legally allowed.

When a Home May (or May Not) Be Sold During Probate

When a Home May (or May Not) 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.

The ability to sell a home during probate depends on several factors, including the type of probate administration, the instructions in the will (if one exists) and whether the sale is necessary to pay the estate’s debts. Always weigh pros and cons with a seasoned probate attorney. Even if you find a buyer, the court may need to approve the sale.

When a Home May Be Sold During Probate

Here are the main circumstances that allow the sale of a home during probate:

  • The court determines it’s not a homestead property. In Florida, homestead properties are generally protected from creditors and usually pass directly to heirs. If the property is not considered homestead, it may be sold to pay debts or distributed among beneficiaries. Creditors have three months from the date of notice to file claims, which is one reason probate can take time.
  • 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 (sometimes without separate court approval, depending on the situation).
  • 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 typically required before the sale can proceed.

When a Home May Not Be Sold During Probate

In these situations, a home cannot be sold during probate:

  • The Homestead Exemption applies. A primary residence is protected from most creditors’ claims. Creditors cannot force the sale of a homestead to satisfy debts, and the property typically passes directly to the heirs or surviving spouse instead of being sold to pay estate obligations.
  • Beneficiaries object. If there isn’t a clear reason to sell (e.g., paying off debts) and the beneficiaries object, the court may not approve a sale during probate.
  • A Petition for Summary Administration hasn’t been granted. Until the court grants the petition, 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.

Inherited Home — Docs & Taxes (Florida)

Documents Required to Sell an Inherited House in Florida

While your probate attorney and real estate agent will guide you, it helps to know what’s commonly needed.

  • Core probate documents: Death certificate; will (if any); affidavit of heirs; Letters of Administration or Order of Summary Administration.
  • Property & title documents: Deed; title report; mortgage payoff; HOA estoppel certificate (if applicable).
  • Disclosures: Property condition disclosure; lead-based paint disclosure (if pre-1978); radon disclosure; HOA rules/dues.
  • Supporting records: Property tax bill; repair receipts; utility bills.

Do All Heirs Have to Agree to Sell the Property?

Generally, co-heirs must make joint decisions about selling—from list price to accepting an offer. If heirs can’t agree, options include:

  • Partition lawsuit: A co-owner asks the court to force a sale or division of the property. The court (not the heirs) appoints someone to handle the sale.
  • Buyout option: One heir sells their interest to another heir.

Taxes on the Sale of an Inherited Home

Florida has no state inheritance tax or estate tax, but federal taxes may apply depending on your situation. Always consult a tax professional for advice on your case.

Federal capital gains tax

When: If home sells above cost basis

Rate: 0%, 15% or 20% (long-term)

Who pays: Heirs on profit from sale

Property taxes

When: Ongoing until sale closes

Rate: County rate

Who pays: Prorated between seller & buyer

Florida documentary stamp tax

When: Any deed transfer

Rate: $0.70 per $100 (0.7%) most counties; $0.60 per $100 in Miami-Dade

Who pays: Sellers at closing

Depreciation / recapture tax

When: If property was rental or depreciated for business

Rate: Up to 25% of depreciation claimed

Who pays: Heirs at sale

Federal estate tax

When: Estates over $13.99M (2025)

Rate: Progressive, up to ~40%

Who pays: Estate (before heirs receive assets)

Federal Capital Gains Tax

When you inherit a property, the IRS “stepped-up basis” sets value to the fair market value on the owner’s date of death. If you sell above that value, the difference is a taxable capital gain. Selling costs (commissions, closing costs, improvements) can reduce taxable gains.

  • Inherited property is always long-term capital gain, even if sold immediately.
  • Long-term rates (0%, 15%, 20%) depend on your income bracket.
  • Primary residence exclusion: If you lived in the home for two of the last five years, you may exclude up to $250k (single) / $500k (married filing jointly) of gains.

Property Tax

  • Taxes continue to accrue after inheritance until closing.
  • At closing, taxes are usually prorated between seller and buyer based on transfer date.
  • Unpaid taxes of the decedent must be settled before closing.

Florida Documentary Stamp Tax (Transfer Tax)

  • Charged when a deed is recorded, including for inherited property sales.
  • Typical rate: $0.70 per $100 of value (0.7%) in most counties; $0.60 per $100 in Miami-Dade.

Estate Tax

Florida has no state estate tax. Federal estate tax applies to very large estates only (2025 federal exemption: $13.99M). If owed, the executor files the IRS return within nine months of death. Estate tax is paid by the estate before heirs receive assets.

Depreciation Recapture Tax

If the property was ever used as a rental or for business and depreciation was claimed, a portion of gain equal to depreciation taken is taxed as ordinary income (up to 25%).

Florida Cash Home Buyers Make the Selling Process Stress-Free

Probate and sale can feel overwhelming. We work alongside trusted probate attorneys and can buy your home for cash, covering most closing costs, if that’s the right move. Have questions or want a quick offer? Contact us.

Elevate Home Cash Offer, LLC is an investment company that buys, renovates, and then resells properties for a profit. We make offers to homeowners based on the After Repair Value and the Condition of the property. Elevate Home Cash Offer, LLC will do everything in its power to give its best possible offer to the homeowner, or to offer different solutions to the homeowner just like each situation from doing business with us.

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