Selling an Inherited House in Florida

What has to happen before an inherited house can be sold, who has to agree, and how keeping, renting, listing and selling as-is compare.

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Quick answer

Yes, you can sell a house you inherited in Florida, but usually not until someone has legal authority to sign the deed. If the owner held the house in their name alone, that authority normally comes from probate, the court process that settles an estate. Once the estate can give clear title, you can keep the house, rent it, list it with an agent or sell it as-is. The right choice depends on the condition of the house, the mortgage, how many heirs there are and how much time and money the family wants to put in.

Inheriting a house is not the same as owning it on paper

When a Florida homeowner dies, the county’s official records still show their name on the deed. Being named in a will, or being the next of kin, does not change that record by itself. A buyer’s title company will not insure a sale until the public record shows who now owns the house and who can sign.

How that gets fixed depends on how the house was titled:

  • Owned jointly with survivorship rights, or by a married couple as tenants by the entireties. The surviving owner generally already owns the whole property, and recording a death certificate is often enough.
  • Held in a living trust. The successor trustee can usually sell under the terms of the trust, without probate.
  • An enhanced life estate deed (often called a “Lady Bird” deed). The house passes to the people named in the deed at death.
  • Owned in the deceased person’s name alone. This is the most common case, and it normally requires probate.

If you are not sure which applies, look up the most recent deed in the county’s official records. Our Orlando and Sanford guides link to the Orange and Seminole County record searches.

How probate fits in

Probate is a court-supervised process for identifying a deceased person’s assets, paying valid debts and passing what is left to the people entitled to it. The Florida Probate Code is in Chapters 731 to 735 of the Florida Statutes, and cases are filed with the clerk of court in the county where the person lived.

There are two main routes:

  • Formal administration. The court appoints a personal representative (Florida’s term for an executor), who gathers the assets, deals with creditors and can sell the house. Whether the personal representative needs a court order to sell depends on what the will says.
  • Summary administration. A shorter process. Under section 735.201 it is available when the estate subject to administration, not counting property that is exempt from creditors, is within the dollar limit set in that section, or when the person died more than two years ago. The limit has changed over time, so check the current statute.

The Florida Bar’s consumer pamphlet Probate in Florida is a good plain-language overview. In most formal administrations Florida’s probate rules require the personal representative to be represented by an attorney.

Homestead adds its own rules

If the house was the deceased person’s primary residence, Florida’s homestead protections may apply. Homestead property is often protected from the person’s creditors and may pass to a spouse or children in a way set by law, sometimes regardless of what the will says. Section 732.401 covers who receives homestead when there is a surviving spouse and descendants. Title companies commonly ask for a court order confirming homestead status before they will insure a sale.

Things to sort out before you choose

Multiple heirs

When several people inherit, a sale needs all of them, or a personal representative with authority to act for the estate. Disagreement is the most common reason inherited houses sit empty. It helps to agree early on three things: whether to sell at all, who pays the bills in the meantime, and how any offer will be approved.

The mortgage

A mortgage does not disappear when the borrower dies, and the payments, insurance and taxes continue. Federal rules give heirs who inherit a home certain protections and require servicers to work with a confirmed “successor in interest”, so contact the servicer early and ask what it needs from you. The Consumer Financial Protection Bureau’s help for homeowners pages explain how to deal with a servicer. If payments are already behind, see our guide to selling a house before foreclosure in Florida.

Liens and unpaid bills

Unpaid property taxes, code enforcement fines, utility balances and association dues can all attach to a house. They generally have to be dealt with at or before closing. Our guide to selling a house with code violations or liens explains how to find them.

Repairs and condition

Inherited houses have often had years of deferred maintenance. Get a realistic idea of what the roof, air conditioning, plumbing and electrical need before deciding, because the answer changes which buyers can purchase the house and at what price.

People living in the house

A relative, a tenant or someone with no agreement at all may be living there. Their rights differ a great deal. A tenant with a lease is covered in our guide to selling a rental property with tenants. A family member who will not leave is a legal question for an attorney, not something to resolve with a lock change.

Taxes

Florida has no state inheritance tax. For federal income tax, the IRS explains that the basis of inherited property is generally its fair market value on the date of death, which often reduces the taxable gain when heirs sell. See the IRS page on gifts and inheritances and ask a tax professional about your own numbers. Property taxes are a separate matter: the homestead exemption and assessment cap belonged to the previous owner, so the county property appraiser may reassess the house after the change of ownership.

A quick way to think it through

Answer a few questions and this tool will summarize how each of the four paths might look for your family. It does not tell you what you must do, and it does not replace advice from a probate attorney.

Has probate been opened for the estate?
Is there more than one heir?
Is anyone living in the house?
Is there still a mortgage on it?
Does it need major repairs?
Does anyone in the family want to keep the house?
Is getting the highest price more important than a simple, quick process?

Nothing you choose here is saved or sent anywhere.

The four paths, side by side

Keep it

Good when an heir wants to live there and can afford the mortgage, taxes, insurance and repairs.

Tradeoffs: other heirs usually need to be bought out, and the property tax bill may rise after reassessment.

Rent it

Good when the house is in rentable condition and the heirs agree on who manages it.

Tradeoffs: landlord duties, repairs, insurance changes and shared decisions for as long as you co-own it.

List it traditionally

Good when the house shows well, or the estate can fund repairs, and there is no rush.

Tradeoffs: commission, closing costs, repair requests from buyers, and holding costs until it closes.

Sell it as-is

Good when the house needs work, the heirs live elsewhere, or a certain date matters more than the last dollar.

Tradeoffs: the price is usually lower than a repaired, listed sale. Compare the net figures before deciding.

To put numbers on the last two, use the cash sale vs traditional sale calculator. It counts repairs, commission, closing costs and each month of holding the house.

Official resources

Related guides

Local records and offices:

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This guide is general information, not legal or tax advice. Probate and homestead rules depend on how the property was titled, the family situation and the terms of any will. Talk to a Florida probate attorney before acting on anything here.