How to Sell an Inherited House in Florida: Probate, Taxes and Timeline

Can you sell an inherited house in Florida right away?

If you need to sell inherited house property in Florida, the first question is not the price but the title: who has legal authority to sign the deed. Depending on how the home was owned, that may be you, a personal representative appointed by the court, or the court itself. Knowing the path early saves months and avoids costly mistakes. This guide explains the steps, the taxes and a realistic timeline.

By Erika Schell, P.A. | October 2026

Key takeaways

• Before you sell inherited house property, confirm how the title passes: some homes skip probate, while others need a court-appointed personal representative.
• Inherited property receives a stepped-up basis to its value on the date of death, so capital gains tax usually applies only to growth after that date.
• To sell inherited house property that was the owner’s homestead, check Florida’s homestead rules first; a surviving spouse or minor child can limit who receives the home.

Step 1: Find out how the home passes

According to the Florida Bar’s consumer guide to probate, some property does not go through probate:

• Joint ownership with right of survivorship, or a home owned by spouses as tenants by the entirety, passes automatically to the surviving owner.
• A revocable living trust lets the successor trustee sell without court involvement.
• An enhanced life estate deed (often called a Lady Bird deed) passes the home to the named beneficiaries at death. Florida does not have a transfer-on-death deed statute for real estate, but title insurers accept these deeds.

If the home was in the deceased person’s name alone, with no trust or Lady Bird deed, it usually goes through probate.

Step 2: Probate, and who can sign

Florida has two main types of probate:

• Summary administration, a shorter process for smaller estates or when the person died more than two years ago. The 2026 Legislature raised the estate limit in Florida Statute 735.201 to $150,000; your attorney will confirm which limit applies to your case.
• Formal administration, where the court appoints a personal representative who manages the estate.

Under Florida Statute 733.613, if the will does not give the personal representative a power of sale, title does not pass until the court authorizes or confirms the sale. That is why the letters of administration and, if needed, the court order should be in hand before the home is listed.

Step 3: Check Florida’s homestead rules

Florida protects homestead property in ways that surprise many families. If the owner was survived by a spouse or a minor child, Florida Statute 732.4015 limits who the home can be left to by will. If it passes without a valid devise, Florida Statute 732.401 gives the surviving spouse a life estate, with the rest going to the descendants, or lets the spouse elect a one-half interest within six months of the death. In practice, the spouse’s signature is often needed to sell, so this must be sorted out before you set a price.

Step 4: Understand the taxes

• Stepped-up basis. According to IRS Publication 551, the basis of inherited property is generally its fair market value on the date of death. If you sell soon for about that value, there may be little or no capital gain. A date-of-death appraisal is worth ordering early. Read my guide to capital gains tax when selling a house in Florida.
• No Florida estate or inheritance tax. Florida does not have one.
• Federal estate tax applies only to large estates: the IRS set the 2026 exclusion at $15 million per person.
• Property taxes go up. Under Florida Statute 193.155, the home is reassessed at market value on January 1 after the change of ownership, with exceptions for transfers to a surviving spouse or minor child. If the estate keeps the home into next year, budget for a higher property tax bill.

Step 5: Protect and prepare the home

While the estate is open, someone must keep the home insured, secured and maintained. Notify the insurer that the owner has passed away, because a vacant home may need a different policy. Then decide with the heirs how much to invest before selling. Cleaning, removing personal items, and fixing obvious issues usually pay off; a full renovation often does not. My guide on how to price a luxury home in Miami explains how buyers will compare it.

Step 6: When heirs disagree

Siblings who inherit together are co-owners, and any of them can ask a court to partition the property under Chapter 64 of the Florida Statutes. For heirs’ property, Florida’s Uniform Partition of Heirs Property Act requires an appraisal and gives the other heirs a 45-day right to buy out the one who wants to sell, and it favors an open-market sale through a broker over an auction. Most families avoid this by agreeing on a pricing strategy early.

Closing costs and a realistic timeline

The seller customarily pays documentary stamp tax on the deed. In Miami-Dade it is $0.60 per $100 for a single-family home, and $0.60 plus a $0.45 surtax for other property such as condos, according to the Florida Department of Revenue. My guide to the cost of selling a luxury home in Miami covers the rest.

On timing, the Florida Bar notes that even a simple estate stays open at least through the three-month creditor period, and five or six months is reasonable. Add 30 to 60 days for the sale itself. Listing as soon as the personal representative has authority lets the marketing and the court calendar run in parallel.

Frequently Asked Questions

Do I need probate to sell an inherited house in Florida?

Not always. Homes held in a trust, with joint survivorship, as tenants by the entirety or with an enhanced life estate deed can pass without probate. A home in the deceased owner’s name alone usually needs probate.

Do I pay capital gains tax when I sell an inherited house?

Only on the gain above the stepped-up basis, which is generally the fair market value on the date of death. Selling soon for about that value usually produces little or no gain.

Does Florida have an inheritance tax?

No. Florida has no state estate or inheritance tax. The federal estate tax applies only above the 2026 exclusion of $15 million per person.

How long does it take to sell an inherited house in Florida?

A simple probate estate usually stays open five to six months, including the three-month creditor period, plus 30 to 60 days for the sale. Homes that skip probate can sell much faster.

Can one sibling force the sale of an inherited house?

Yes. Any co-owner can ask a court to partition the property, but Florida’s heirs’ property rules give the other heirs a 45-day right to buy that share first.

Need to sell a home you inherited in Miami?

I work alongside your estate attorney so the sale moves as soon as the paperwork allows, and I keep every heir informed. Reach out through the contact page or call (786) 801-4442. You can also read my guide to selling a luxury home in Miami. I work in English and Spanish.

Lea esta guía en español: cómo vender una casa heredada en Florida.

About Erika Schell, P.A.
Erika Schell is a Luxury Certified REALTOR® with The Keyes Company, affiliated with Forbes Global Properties, and an 8-time Top Producer at Keyes Doral serving buyers, sellers, and investors across Miami-Dade County. Florida Real Estate License #3366404. With a Master’s in Finance and more than 20 years of corporate experience, Erika brings the precision of a financial analyst to every luxury transaction. This article is general information, not legal or tax advice; probate and homestead questions should be reviewed by a Florida probate attorney. Sources: The Florida Bar, consumer pamphlet on probate; Florida Statutes 733.613; IRS Publication 551, Basis of Assets; Florida Department of Revenue, documentary stamp tax.