This guide gives a general overview, not legal or tax advice. Every estate is different, so talk with a Florida probate attorney and a tax professional about your situation.
Who can sell the house?
If the house was owned in the deceased person’s name alone, someone usually needs legal authority to sell it. In Florida that is often the personal representative, appointed by the probate court. If the house was held in a trust, the trustee may be able to sell it without probate. If it was jointly owned with rights of survivorship, it may have passed directly to the surviving owner.
Formal probate vs. summary administration
Florida has a full probate process and a shorter one called summary administration, available when the estate is small enough or the person passed away more than two years ago. Your attorney can tell you which applies.
Florida homestead rules
If the house was the owner’s Florida homestead, special rules apply. Homestead property is generally protected from most creditors and may pass directly to certain heirs. A court order determining homestead status is often needed before the title company will insure a sale.
Taxes to ask about
Florida has no state income tax and no state estate tax. For federal taxes, inherited property generally receives a new cost basis at its value on the date of death, which can reduce taxable gain when you sell. Ask your tax professional how this applies to you.
Practical steps
- Secure the house: change locks if needed, keep insurance active, and check on it regularly.
- Find the will, deed and any trust documents.
- Talk with a probate attorney about who has authority to sell.
- Decide whether to keep, rent, list or sell as-is.
- Get a written offer so all heirs can compare options with real numbers.
How we help
We buy inherited homes as-is, including everything left inside, and we coordinate with your attorney and the title company so the closing lines up with the court’s timeline. See our page on selling an inherited house.
Updated October 2026. General information only, not legal, tax or financial advice.
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