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How to sell an inherited house in Florida

Updated: October 26, 2026

Short answer

You usually need probate or a court order before selling, unless the house was in a trust, had a deed that passes it straight to heirs, or was owned jointly with right of survivorship. A probate attorney can tell you which path applies; in the meantime, keep the insurance, taxes and house in order.

Losing a family member is hard enough. This guide explains what comes next for the house, without rushing you.

1. Gather the documents

  • The deed. You can find it on your county Clerk of Court or Property Appraiser website.
  • The will, if there is one, and any trust.
  • The latest mortgage statement, if the home has a mortgage.

2. Is probate needed?

Some homes pass to heirs without probate:

  • If they were in a living trust.
  • If the deed was a "lady bird" deed (enhanced life estate), which is common in Florida.
  • If two people owned it with right of survivorship, such as a married couple.

Otherwise, Florida has two main paths:

  • Summary administration: shorter, for small estates ($75,000 or less in probate assets) or when the person died more than two years ago.
  • Formal administration: the court appoints a personal representative who manages the assets and can sell the house.

3. If it was their homestead

If the house was the deceased person's main home, it's generally protected from most creditors, but selling with clean title usually requires a court order determining homestead. Special rules apply if a spouse or minor children survive. Your attorney handles this.

4. Look after the house

  • Tell the insurer if the house is vacant. Many policies limit coverage on unoccupied homes.
  • Keep paying any mortgage, the utilities and yard care.
  • Check the property taxes: the deceased person's homestead exemption may end.

5. Sell when you're ready

You can sell as-is or fix it up first. I'll prepare an analysis with real nearby sales to compare both options. For federal taxes, heirs usually get a basis stepped up to the home's value on the date of death; confirm with an accountant.

I'll guide you through every step and work alongside your attorney.

Sources

CallBookThe Prieto Group at LPT Realty, LLC