Inherited a House in Florida? Start Here
The first 30 days, whether the house needs probate, your options, and a guide for every situation heirs run into.
Pete Quinones · Buying Houses in Florida since 2010Updated October 2026
The short answer
If you inherited a house in Florida, you can usually sell it, but who signs and when depends on how the house was titled. A house in the owner's name alone generally goes through probate first, and the court-appointed personal representative signs the sale. A house with a lady bird deed, a surviving joint owner or a trust usually passes without probate, and the new owners sign.
Florida has no estate or inheritance tax, and heirs who sell soon after the death usually owe little or no capital gains tax, because the house's tax basis generally steps up to its value at the date of death.
This page walks you through the first 30 days, how to tell whether the house needs probate, your options, and a guide for each situation heirs run into.
The first 30 days
None of this commits you to selling. It protects the house and the estate while you decide.
- Order certified death certificates. You'll need several: for the insurer, the mortgage servicer, the bank and the title company. Ask for some without the cause of death, which is the version that gets recorded.
- Find the original will. Whoever has it must deposit it with the clerk of court in the county where the estate will be handled, within 10 days of learning of the death (Fla. Stat. § 732.901).
- Secure the house. Lock it, keep the power and water on, and keep it looking lived in. Empty houses attract squatters; see Florida squatters' rights.
- Call the homeowner's insurer. Many policies limit coverage once a house sits empty. Ask what's needed to keep it covered.
- Keep paying what protects the house: property taxes, insurance, and any HOA dues. Tell the mortgage servicer about the death.
- Find out how the house was titled. Pull the deed from the county clerk's official records. That one document decides whether you need probate (next section).
- Reverse mortgage on it? Contact the servicer right away. On a federally insured reverse mortgage, heirs are generally expected to respond within about 30 days. See selling a house with a reverse mortgage.
- Don't sign anything to sell yet unless you know you have the authority. In probate, that comes from the court.
- Talk to a Florida probate attorney. In most Florida probates the personal representative must have one (Florida Probate Rule 5.030).
- List the heirs and how to reach each one. Every decision about the house goes faster when everyone hears the same thing at once.
Does the house need probate?
How the house was titled when the owner died decides it, not what the family agrees on.
| How the house was titled | What happens at death | Who signs a sale | Read next |
|---|---|---|---|
| In the owner's name alone, with a will | Probate: formal or summary administration | The personal representative, under the will's power of sale or with court approval | Selling before probate ends |
| In the owner's name alone, no will | Probate; the heirs are set by Florida's intestacy law | The personal representative, with court approval | Selling before probate ends |
| Lady bird deed (enhanced life estate deed) | Passes to the named beneficiaries without probate | Every named beneficiary | Lady bird deeds |
| Joint owners with right of survivorship, or a married couple as tenants by the entirety | Passes to the surviving owner without probate | The surviving owner, after recording the death certificate | |
| A living trust | The successor trustee takes over without probate | The trustee alone | |
| A homestead, with a surviving spouse and children | The spouse gets a life estate and the children the remainder, or the spouse can elect half the house within 6 months (Fla. Stat. § 732.401) | The spouse and the children together | When heirs disagree |
If the owner was married, or left a child under 18, Florida's homestead rules can override a will or a deed. That is the case for an attorney to look at first.
Florida probate in brief
Florida has three ways to settle an estate through the court. Which one applies depends mainly on the estate's size and how long ago the owner died.
| Type | When it applies | What it means for the house |
|---|---|---|
| Formal administration | Most estates with a house in the owner's name | The court appoints a personal representative, who sells under the will's power of sale or with court approval (Fla. Stat. § 733.613) |
| Summary administration | The estate subject to administration, less exempt property, is $75,000 or less, or the owner died more than 2 years ago, and the will doesn't require formal administration (Fla. Stat. § 735.201) | A faster court order distributes the property; there is no personal representative |
| Disposition without administration | Only exempt personal property, plus amounts covering the funeral and last-illness medical bills (Fla. Stat. § 735.301) | Rarely fits an estate that includes a house |
Florida has no small estate affidavit. Summary administration and disposition without administration are Florida's short versions.
Creditor deadlines. In formal administration, creditors generally have 3 months from the first publication of the notice to creditors, or 30 days after being served with it if later (Fla. Stat. § 733.702). Most claims are barred 2 years after the death no matter what (Fla. Stat. § 733.710). Recorded mortgages and liens on the house stay attached either way.
A sale doesn't have to wait for the end of probate. Once the personal representative has authority, the house can usually be sold during administration.
Your options for the house
There's no wrong choice, only trade-offs. Most families decide based on the house's condition, how far away the heirs live, and whether everyone agrees.
| Option | Works best when | The trade-offs |
|---|---|---|
| Sell as-is for cash | The house needs work, the heirs live out of state, a reverse mortgage or tax bill is due, or someone is living there | A cash price reflects the condition; in return there are no repairs, showings or commissions, and you pick the closing date |
| List it with an agent | The house is in good shape, the heirs agree, and there's time | Commissions, repairs and showings; buyers' lenders need clean title and a house that passes inspection |
| Keep it | An heir wants to live there | Property taxes are reassessed after the death unless the new owner qualifies for homestead; any mortgage or reverse mortgage must be dealt with; other heirs may need to be bought out |
| Rent it out | The family wants income and someone will manage it | Landlord duties, insurance for a rental, repairs, and every co-owner agreeing on how it's run |
Find your situation
Each guide answers one problem heirs run into, with the Florida law behind it.
| If this is your situation | Read |
|---|---|
| The estate is still in probate | Can I sell an inherited house before probate ends? |
| The house passed by lady bird deed | Lady bird deeds in Florida |
| The heirs don't agree on selling | When heirs disagree about selling |
| There's a reverse mortgage on it | Selling a house with a reverse mortgage |
| Someone is living there: tenants, or family | Selling a house with tenants or occupants |
| Someone moved in without permission | Florida squatters' rights |
| It needs major repairs, or the city has cited code violations | Selling a house that needs repairs or has code violations |
| Payments are behind, or there's a foreclosure | Selling a house in foreclosure |
| The mortgage is more than the house is worth | Selling with little or no equity |
| There are back taxes or liens | Selling with back taxes or liens |
Coming next: siblings who disagree about keeping or selling, summary administration, how long Florida probate takes, and taxes when you sell. Each one is added to this table as it goes live.
Questions people ask
Is there a deadline to sell an inherited house in Florida?
There's no legal deadline to sell, but several clocks run: property taxes and insurance keep coming due, a reverse mortgage generally has to be resolved within about six months, and a surviving spouse has 6 months to elect a half share of a homestead.
Can I sell the house before probate is finished?
Usually, yes. Once the court gives the personal representative authority, the house can be sold during administration, under the will's power of sale or with court approval.
Do I pay taxes when I sell an inherited house?
Florida has no estate or inheritance tax. Federal capital gains tax applies only to any gain above the house's value at the date of death, so a sale soon after the death usually produces little or none.
Does Florida have a small estate affidavit?
No. Florida's short forms are summary administration, for estates of $75,000 or less or where the owner died more than 2 years ago, and disposition without administration for very small estates.
What if my siblings and I disagree?
Every heir who owns a share has to sign a sale. If one won't, the options are a buyout or, as a last resort, a partition action in court. See when heirs disagree.
Can I sell an inherited house with someone living in it?
Yes. A cash buyer can buy it occupied and handle possession lawfully after closing. See tenants and occupants and squatters' rights.
Sources
This page is general information about Florida law as of October 2026, not legal advice. Investor Trustee Services buys houses; it is not a law firm. Every estate is different, so talk to a Florida probate attorney about yours.
We buy houses in these areas: Orlando & Central Florida · Tampa Bay & Southwest Florida · Miami & South Florida · Jacksonville