Florida Probate & Inherited Property

 

Selling a House in Florida Probate: Frequently Asked Questions

Straight answers for personal representatives and heirs dealing with real estate in a Florida estate, from Norman Fineman, a CPRES-certified probate real estate specialist and licensed Florida real estate broker based in Boca Raton and serving Palm Beach, Broward and the rest of South Florida.

Can you sell a house while it is still in probate in Florida?

Yes. In Florida, a house can usually be sold during probate once a personal representative has been appointed by the court and has the authority to sell.

If the will gives the personal representative a power of sale, the sale can often proceed without a separate court order. If it doesn't, or if there is no will, the personal representative typically needs the court to authorize or confirm the sale. Title companies also have their own requirements, so the estate's probate attorney should confirm what is needed before the house is listed.

How long does probate take in Florida when there is a house?

A straightforward formal administration in Florida commonly takes about six months to a year. Contested or complicated estates can take much longer.

One fixed part of the timeline is the creditor period: after the notice to creditors is first published, creditors generally have three months to file claims. Summary administration, a shorter process, may be available when the non-exempt estate is worth $75,000 or less, or when the person has been deceased for more than two years.

Who has the authority to sell an inherited house in Florida?

The court-appointed personal representative (Florida's term for an executor) normally handles the sale, but protected homestead property follows different rules.

If the house was the decedent's Florida homestead, it usually passes directly to the heirs rather than becoming an estate asset, and the heirs (not just the personal representative) may need to sign the deed. Getting the homestead question answered early, usually through a court order determining homestead status, avoids delays at closing.

What happens to a Florida homestead when the owner dies?

Florida homestead is generally protected from the decedent's creditors and passes under special rules, especially when there is a surviving spouse or a minor child.

• A surviving spouse is typically entitled to a life estate in the homestead, with the remainder going to the descendants, or may elect within six months of the death to take a one-half interest instead.
• If there is a minor child, the decedent generally could not leave the homestead to someone else by will.
• The homestead property-tax exemption and the Save Our Homes assessment cap usually end, so taxes can rise after the next January 1 reassessment.

What if some heirs want to keep the house and others want to sell?

One common solution is for the heir who wants to keep the house to buy out the others, often with a mortgage based on the home's value.

Because Norman is both a real estate broker (Prime Property Associates LLC) and a Senior Loan Officer with Loan Factory, he can help price the property and look at financing for a co-heir buyout in the same conversation. If the heirs cannot agree at all, the estate's attorney can explain the court options.

What are the risks of leaving an inherited house vacant during probate?

The biggest risks are insurance gaps, unnoticed damage, and carrying costs that keep accruing while the estate is open.

• Many homeowner policies limit or exclude coverage after 30 to 60 days of vacancy. Tell the insurer and get a vacant-property policy if needed.
• In South Florida, a small roof leak, AC failure or plumbing problem can become mold or water damage within weeks.
• Mortgage payments, property taxes, HOA or condo dues, and utilities still come due every month.

Regular walk-throughs or remote monitoring of water, temperature and entry help protect the estate's main asset until it sells.

Should an estate list the house or take a cash offer?

It depends on the condition of the house, how quickly the estate needs to close, and how much carrying cost the heirs can absorb.

A traditional listing usually brings the highest price when the home is in market-ready condition and the timeline allows. A cash or as-is sale trades some price for speed and certainty, which can make sense for houses needing major repairs or estates with tight deadlines. Norman can show the estate both numbers side by side so the personal representative can make an informed decision.

Is there inheritance tax or estate tax on a Florida house?

Florida has no state inheritance tax and no state estate tax. Very large estates may still owe federal estate tax.

Heirs who sell an inherited house often owe little or no capital gains tax, because the property's tax basis generally steps up to its value on the date of death. A CPA or tax attorney should confirm this for the specific estate.

The owner lived out of state but owned a Florida property. What now?

Florida real estate owned by a non-resident usually requires an ancillary administration in the Florida county where the property is located.

Out-of-state heirs often can't easily visit the house, so local help with valuation, securing the property, vendor access and the sale itself is especially useful.

This page is general information for Florida residents and is not legal or tax advice. Probate requirements vary by county, court and estate. Consult a licensed Florida probate attorney and a tax professional about your situation. Prime Property Associates LLC, Boca Raton, FL 33496. Last reviewed October 2026.