Step one: find out how the property was titled

Look at the most recent deed, which you can usually find through the county's official records search. How the owner held title largely determines what happens next:

  • Held in a living trust: The successor trustee can usually sell without probate, following the trust's terms.
  • Owned jointly with right of survivorship, or by a married couple as tenants by the entirety: Ownership usually passes to the surviving owner, often by recording a death certificate.
  • Transferred by an enhanced life estate deed, often called a lady bird deed: The named beneficiaries typically take title at death without probate.
  • Owned solely by the person who passed away: A probate proceeding is usually needed before anyone can sign a deed, whether or not there was a will.

When probate is required in Florida

Florida has two main types of probate. Summary administration is a shorter process available when the estate's value, not counting exempt property, is $75,000 or less, or when the person died more than two years ago. Formal administration is the standard process, in which the court appoints a personal representative to manage the estate.

In formal administration, a notice to creditors is published, and creditors generally have three months from first publication to file claims. The personal representative can sell real estate when the will grants a power of sale or when the court authorizes it. Probate commonly takes several months, and longer if heirs disagree or the estate is complicated.

If the person who died lived in another state but owned Florida property, a separate Florida proceeding, called ancillary administration, is usually required to transfer the Florida real estate.

Florida homestead rules can change who inherits

If the house was the owner's Florida homestead and they were survived by a spouse or a minor child, Florida's constitution limits how the home can pass. In many cases the surviving spouse receives a life estate, or may elect a one-half interest, with the remainder going to the descendants, even if a will says otherwise.

Protected homestead property also generally passes free of most creditors' claims. Because these rules affect who must sign the deed, title companies often ask for a court order determining homestead status before insuring a sale. A Florida probate attorney can tell you what applies to your family.

Costs and deadlines to watch

  • Mortgage: Any mortgage still has to be paid. Federal law generally prevents a lender from calling the loan just because the home passed to a relative, but payments must continue.
  • Property taxes: The owner's homestead exemption ends, and the Save Our Homes assessment cap resets after a change of ownership, so the tax bill can rise noticeably the following year.
  • Insurance: Tell the insurance company the owner has passed away. Standard policies can limit coverage on vacant homes, so you may need a vacant-property policy.
  • Utilities and upkeep: Keep the power on so the air conditioning can control humidity, and have someone check the property regularly.
  • Association dues: HOA and condo associations can place liens for unpaid assessments.

Taxes when you sell

Florida has no state income tax, and for federal purposes inherited property generally receives a stepped-up tax basis equal to its value at the date of death. That often means little or no capital gains tax if you sell soon after inheriting. Your situation may differ, so confirm with a tax professional before you sell.

Your options for the house

You can keep the home, rent it out, list it with an agent, or sell it directly. Listing may bring the highest price for a home in good condition, but it often means clearing out belongings, making repairs, and paying carrying costs while the house is on the market.

A direct sale lets heirs sell the house as it is, often with furniture and belongings still inside, and choose a closing date that works with the probate timeline. When several heirs are involved, a single written offer can also make it easier for everyone to agree.

Frequently asked questions

Can I sell an inherited house before probate is finished?

Often, yes. Once the court appoints a personal representative with authority to sell, the property can usually be sold while the estate is still open. No one can sign a deed before that authority exists unless the home passed outside probate.

What if the heirs disagree about selling?

Heirs who inherit together generally must all sign, or the personal representative must have authority to sell. If owners cannot agree, Florida law allows a court-ordered partition, but that is slow and expensive, so most families try to reach an agreement first.

Do we have to clean out the house first?

Not when you sell to a direct buyer. Take the items that matter to your family and leave the rest.

How long does probate take in Florida?

Summary administration can move relatively quickly. Formal administration commonly takes several months at minimum because of the creditor period, and contested or complex estates can take a year or more.

This guide is general information, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified professional about yours.