How to Sell an Inherited House in Florida (2026 Guide)
Last updated: June 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
Reviewed June 2026 by Max Cohen. This page is based on Florida inherited-property deals, title-company closing work, and current official references. It is general information for homeowners, not legal or tax advice. For a court filing, probate dispute, or tax return, use a Florida attorney or CPA.
Quick Answer
Can you sell an inherited house in Florida without probate? Sometimes. If the property was in a living trust, had a Lady Bird 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. Many inherited homes can sell during probate after the right authority is in place. If the home sells near its date-of-death value, the stepped-up basis can may reduce capital gains tax depending on basis and the facts.
Table of Contents
When Is Probate Required to Sell an Inherited House?
In Florida, probate is often required when real property is titled solely in the name of the deceased person and there is no non-probate transfer path. The probate court may need to 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," the title company may still need court authority before that person can sign a deed. For more detail on 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 deed includes valid survivorship language, the surviving owner may be able to transfer or sell with a death certificate and title-company review.
3. Tenancy by the Entirety
For married couples in Florida, property held as tenancy by the entirety may pass to the surviving spouse without a full probate sale, but the title company still needs supporting documents.
4. Lady Bird Deed
Florida's enhanced life estate deed (aka "Lady Bird deed") can transfer property at death to named remaindermen when drafted and recorded correctly. The deed still needs title review.
If none of these apply, you'll need probate. Florida offers Summary Administration for estates under $75,000, excluding certain protected assets, or Formal Administration for larger estates and more complex title issues.
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
In many inherited-property sales, the tax basis starts with the fair market value on the date of death. This can remove 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 |
In this example, the inherited sale shows no taxable gain. A tax advisor can confirm basis records, improvements, and any exceptions before the return is filed.
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 usually starts at a $15 million filing threshold for 2026 deaths.
- Property taxes: Watch out, when an inherited home is no longer a homestead, the Save Our Homes cap may be removed or reassessed. The new tax bill depends on county assessment, market value, exemptions, and who owns the property after death.
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 may get a higher contract price but usually requires more time, access, showings, repair decisions, and buyer financing. Selling to a cash buyer like FL Home Buyers means repair and showing assumptions can be written into the comparison, but the offer should still be weighed against title timing, carrying costs, repair costs, commissions, and the estate need for certainty. -
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:
- Confirm who must sign. If multiple heirs or co-owners have ownership rights, a voluntary sale usually needs the people with signing authority to cooperate. One holdout can delay the sale or force the family To weigh a buyout, court approval, or partition with an attorney.
- Partition action. If siblings can't agree, partition may be one legal path under Florida Statute Section 64.031. It is not a shortcut; attorney fees, court timing, title issues, and possible buyout options matter.
- 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. "A written cash offer can break the logjam because it gives everyone the same price, cost, payoff, and timing assumptions to review."
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 | Often months after repairs, listing, buyer financing, and title work | Depends on title, probate authority, payoff, and seller timing |
| Upfront Cost | Repairs paid before or during listing | Repairs priced into the written offer |
| Agent Commission | Commission and seller costs depend on the listing agreement | Seller costs stated in writing |
| Carrying Costs | Taxes, insurance, utilities, HOA, lawn, and security until closing | Depends on agreed closing date |
| Risk | Buyer financing falls through, repair surprises | Fewer retail financing and inspection contingencies |
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 (Illustrative 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
Use this as a worksheet, not a promise. Your real number depends on taxes, insurance, HOA dues, utilities, lawn/pool needs, security, and whether the house is vacant.
Holding an inherited property can create real monthly drag. The longer the estate owns the house, the more you need to watch taxes, insurance, HOA dues, utilities, vandalism risk, lawn issues, and potential code violation fines from the municipality.
Frequently Asked Questions
Do I have to go through probate to sell an inherited house?
Not in every case. If the property was held in a trust, joint tenancy with right of survivorship, tenancy by the entirety, or a properly recorded Lady Bird deed, the title company may have a non-probate path. Otherwise, court authority may be needed before a deed can be signed.
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. A prompt sale may have little or no taxable gain, but basis records, improvements, sale costs, and estate facts should be reviewed by a tax advisor.
How long do I have to sell?
There's no universal legal deadline. The practical deadline is usually cash flow: taxes, insurance, HOA dues, utilities, maintenance, and family agreement. If the home is vacant or uninsured, waiting can become expensive quickly.
Can I sell as-is?
Yes. Florida allows as-is sales with proper disclosure. A cash buyer can review an inherited home before you spend money on repairs, cleaning, or staging, then put seller costs and closing conditions in writing.
What if my siblings won't agree to sell?
A co-owner may be able to file a partition action under Florida Statute §64.031. Cost, timing, and whether it makes sense depend on the ownership structure, court, conflict level, and attorney strategy. Get legal advice before relying on partition.
Related Questions
2026 Florida Probate Facts
Before deciding, check current local comparable sales, active inventory, insurance costs, title/payoff numbers, and repair estimates. Market-wide numbers can hide what is happening on your street.
Inherited a House in Florida?
We review inherited properties as-is and coordinate with the title company, probate attorney, and authorized seller before closing. Get a written cash offer after a property review.
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Max Cohen
Licensed General Contractor • Buying Florida homes since 2014