How to Sell an Inherited House in Florida (2026 Guide)
Last updated: February 2026
You inherited a house. Now what? Here's everything you need to know about selling it in Florida—taxes, title, probate, and the fastest way to close.
Written by Max Cohen
Licensed General Contractor #CGC1534000 · Florida real estate since 2014
Quick Answer
Can you sell an inherited house in Florida without probate? Sometimes. If the property was in a living trust, had a transfer-on-death deed, or was jointly owned with right of survivorship, you skip probate entirely. Otherwise you'll need probate first—but you can still sell during the process. Most inherited homes sell within 60-90 days with a cash buyer, and Florida's stepped-up basis rule means you likely owe zero capital gains tax.
Table of Contents
When Is Probate Required to Sell an Inherited House?
In Florida, probate is required whenever real property is titled solely in the name of the deceased person. The probate court must appoint a personal representative who has legal authority to sign the deed and transfer ownership.
This is different from simply "being named in the will." Even if the will says "I leave my house to my daughter," that daughter cannot sign a deed until the court formally appoints a personal representative and authorizes the sale. For a deep dive into the court process, see our complete Florida probate guide.
The good news: not every inherited house requires probate.
4 Ways to Skip Probate Entirely
1. Living Trust
If the property was held in a revocable living trust, the successor trustee can sell without probate. The trust document itself gives them authority.
2. Joint Tenancy with Right of Survivorship
If the deceased co-owned the property as joint tenants, the surviving owner automatically inherits. File a death certificate with the county recorder and you're done.
3. Tenancy by the Entirety
For married couples in Florida, property held as tenancy by the entirety passes automatically to the surviving spouse. No court needed.
4. Lady Bird Deed
Florida's enhanced life estate deed (aka "Lady Bird deed") automatically transfers property at death to the named remaindermen. Increasingly popular in estate planning.
If none of these apply, you'll need probate. Florida offers Summary Administration for estates under $75,000 (takes 4-6 weeks) or Formal Administration for larger estates (6-12 months).
Tax Implications: The Stepped-Up Basis Advantage
This is the single most important thing most people don't know about inherited property:
How the Stepped-Up Basis Works
When you inherit a house, the IRS resets its cost basis to the fair market value on the date of death. This eliminates decades of appreciation from capital gains calculations.
| Scenario | Your Basis | Sale Price | Taxable Gain |
|---|---|---|---|
| Parent bought for $80K in 1990, worth $350K at death | $350,000 | $340,000 | $0 |
| If it were a gift (no step-up) | $80,000 | $340,000 | $260,000 |
At the 15% long-term capital gains rate, that's a $39,000 tax savings. This is why advisors tell parents: never gift a house, let it be inherited.
Additional tax notes for Florida:
- No state estate tax. Florida repealed its estate tax in 2005.
- No state inheritance tax. Florida is one of 38 states with no inheritance tax.
- Federal estate tax only applies if the entire estate exceeds $13.61 million (2024 threshold). This affects fewer than 0.1% of estates.
- Property taxes: Watch out—when an inherited home is no longer a homestead, the Save Our Homes cap is removed. Property taxes can jump 30-50% at the next reassessment.
Step-by-Step: Selling an Inherited Home in Florida
-
Determine if probate is needed.
Check the deed. If the property was in a trust, joint tenancy, or Lady Bird deed, you may skip probate entirely. A real estate attorney can confirm in one phone call. -
Get an appraisal for step-up basis.
Order a formal appraisal or broker price opinion (BPO) as of the date of death. This establishes your tax basis and protects you if the IRS ever asks. -
Secure the property.
Change the locks, check insurance coverage, and winterize if needed. In Florida, a vacant property can develop mold within weeks—especially during summer. Notify the homeowner's insurer; many policies require a vacancy endorsement after 30-60 days. -
Decide: list, FSBO, or sell to a cash buyer.
Each has trade-offs. Listing gets market price but takes 90+ days and requires repairs. Selling to a cash buyer like FL Home Buyers means no repairs, no showings, and closing in as little as 7 days. -
Clear the title.
A title company will check for liens, unpaid property taxes, open permits, and HOA balances. Inherited homes often have outstanding tax liens or unpaid utility bills the heirs didn't know about. -
Close and distribute proceeds.
If the property went through probate, proceeds are distributed according to the will or Florida intestacy law. If outside probate, the owner(s) receive payment directly at closing.
What If Multiple Siblings Inherited the House?
This is the #1 source of family conflict with inherited property. Here's how Florida law handles it:
- All owners must agree to sell. If mom left the house to three kids equally, all three must sign the deed. One holdout can block the sale.
- Partition action. If siblings can't agree, any co-owner can file a partition action under Florida Statute §64.031. The court will order the property sold and proceeds divided. This costs $3,000-$10,000 in legal fees and takes 3-6 months.
- One sibling wants to keep it? The sibling who wants the house can buy out the others at fair market value. Get an independent appraisal to avoid arguments.
- One sibling is living in it? They don't have automatic right to stay. They can negotiate a lease with the other heirs or agree to a buyout timeline, but they can be compelled to vacate if a partition is ordered.
"The hardest deals we do are between siblings who can't agree," says Max Cohen. "We can often break the logjam because a cash offer removes the 'what if it doesn't sell?' question. Everyone knows exactly what they'll walk away with."
Selling As-Is vs. Making Repairs
Inherited homes often need work. The previous owner may have deferred maintenance for years, leaving you with a house that has major repairs needed.
| Factor | List After Repairs | Sell As-Is to Cash Buyer |
|---|---|---|
| Timeline | 3-6 months (repairs + listing + closing) | 7-30 days |
| Upfront Cost | $10K-$50K+ in repairs | $0 |
| Agent Commission | 5-6% (~$15K-$25K) | $0 |
| Carrying Costs | $1,500-$3,000/month | Minimal |
| Risk | Buyer financing falls through, repair surprises | Guaranteed close |
The repair route makes sense if the home is in a hot market, needs only cosmetic work, and you have the time and cash to invest. For everything else—especially hoarder houses, code violations, or homes with foundation problems—selling as-is is usually the better financial decision once you factor in carrying costs and risk.
The Hidden Cost of Holding an Inherited House
Every month you hold an inherited property, you're paying:
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Sell Your Inherited Property Fast → Get a Cash OfferMonthly Carrying Costs (Typical Florida Home)
- Property taxes $250-$600/month
- Homeowner's insurance $200-$500/month
- Utilities (to prevent mold) $100-$200/month
- Lawn / pool maintenance $150-$300/month
- HOA fees (if applicable) $100-$500/month
- Total monthly holding cost $800-$2,100/month
Over 6 months of probate, that's $4,800-$12,600 out of the estate—before you've even listed the property.
This is why most probate attorneys recommend selling inherited property as quickly as possible. The longer you hold, the more the estate loses to carrying costs, vandalism risk, and potential code violation fines from the municipality.
Frequently Asked Questions
Do I have to go through probate to sell an inherited house?
Not always. If the property was held in a trust, joint tenancy with right of survivorship, or Lady Bird deed, probate isn't required. Otherwise, you need court approval.
How is an inherited house taxed in Florida?
Florida has no state estate or inheritance tax. Federally, you get a stepped-up basis (fair market value at date of death), so you only pay capital gains on appreciation after the date of death. Most inherited homes sold quickly owe zero capital gains.
How long do I have to sell?
There's no legal deadline. However, every month you hold costs $800-$2,100 in taxes, insurance, and maintenance. Most heirs sell within 6-12 months.
Can I sell as-is?
Yes. Florida allows as-is sales with proper disclosure. Cash buyers like FL Home Buyers purchase inherited homes in any condition—no repairs, no cleaning, no staging required.
What if my siblings won't agree to sell?
Any co-owner can file a partition action (Florida Statute §64.031). The court orders a sale and divides proceeds. This typically costs $3,000-$10,000 in legal fees and takes 3-6 months.
❓ Related Questions
📊 2026 Florida Probate Facts
Source: Florida Realtors®, ATTOM Data, Houzeo, Citizens Florida · Data as of February 2026
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Max Cohen
Licensed General Contractor • Buying Florida homes since 2014