How to Sell an Inherited House in Florida: Probate, Timelines and Costs

Can you sell an inherited house in Florida before probate?

You can contract to sell it before probate is finished; you generally can’t close until the court authorizes the transfer. If the house was titled only in the deceased person’s name — no joint owner, no lady-bird deed, no trust — the title is stuck until a probate court either appoints a personal representative with authority to sell or, in a summary administration, orders the property distributed to the heirs who then sell.

In practice, experienced cash buyers sign a purchase agreement with the heirs up front, help open the probate, and close as soon as the court order is in hand. That is what we do, and we pay the probate costs in almost every case.

Does the estate even need probate?

Check these first — they skip or shorten probate:

• Joint ownership with right of survivorship or tenancy by the entirety (spouses): the survivor owns it automatically; record a death certificate.
• Enhanced life estate (“lady bird”) deed naming a remainder beneficiary: title passes at death; record the death certificate.
• Revocable living trust that holds the house: the successor trustee can sell without probate.
• Disposition without administration: only for very small estates with no real property — a house disqualifies it.

If none of those apply, you need summary administration or formal administration.

Summary vs. formal administration

Note the “more than 2 years ago” rule: a parent who died in 2023 with a house still in their name may qualify for summary administration today even if the estate is large, because creditor claims are barred after two years.

Florida homestead: a special case

If the house was the deceased person’s primary residence, it is protected “homestead” under the Florida Constitution. Homestead passes to the surviving spouse and/or descendants outside of the creditor process, and it is not technically an asset of the probate estate — but you usually still need the court to enter an order determining homestead status so a title company will insure the sale. Your probate attorney files a petition to determine homestead alongside the main case. If the deceased left a spouse or minor child, there are restrictions on how homestead can be devised; the attorney sorts this out.

Step by step: from death to closing

1. Get certified death certificates (several copies) from the funeral home or the Florida Bureau of Vital Statistics.
2. Find the will, if any. Florida requires the original will to be deposited with the clerk of the county where the person lived within 10 days of learning of the death.
3. Figure out who inherits. By will, or by Florida’s intestacy rules if there is none (spouse and descendants first, then parents, siblings, and so on).
4. Hire a probate attorney in the county where the person lived (Pinellas or Hillsborough circuit court). If you sell to us, we pay this.
5. File the petition. Summary administration asks the court to distribute assets directly; formal administration asks the court to appoint a personal representative.
6. Notice to creditors. In formal administration the attorney publishes a notice; creditors have 3 months to file claims. Known creditors must be served.
7. Sell the house. The personal representative can sell with court authority (often granted in the Letters); in summary administration the heirs sell after the order of distribution. A buyer like us can sign a contract any time and close when the order issues.
8. Close at a title company. Proceeds are split per the court’s order and wired to each heir.

What it costs, and who pays

Attorney fees, court filing fees (a few hundred dollars), publication costs, and sometimes an appraisal or a guardian ad litem. Normally the estate pays — meaning the heirs, out of the house proceeds, and often an up-front retainer before there are any proceeds. Add months of carrying the house: property taxes, insurance (which many insurers cancel on a vacant house after 30–60 days), utilities, yard care, and a mortgage if there is one.

When we buy an inherited house, we pay the probate costs ourselves. That is not a loan against your proceeds; it is our expense, because the sale can’t close without it and we would rather pay it than wait.

Taxes on an inherited house

Florida has no estate tax and no inheritance tax. Federal estate tax only applies to very large estates (well over $10 million in 2026). For income tax, inherited property gets a stepped-up basis to its fair market value at the date of death, so selling soon after death usually produces little or no capital gain. If you keep it as a rental for years and then sell, normal capital gains rules apply from the stepped-up basis. Talk to a CPA; we can recommend one.

Common problems and how they get solved

• An heir can’t be found. The attorney can serve by publication and the court can hold that heir’s share; we have also hired private investigators to find heirs overseas.
• Heirs disagree about selling. In formal administration the personal representative can usually sell non-homestead property with court authority even if an heir objects; protected homestead and summary-administration property require every heir to sign. Honest numbers help.
• A mortgage, reverse mortgage, Medicaid estate recovery claim, or liens. Paid from the sale at closing. Medicaid claims are handled as creditor claims in the probate.
• The house is full of belongings. Keep what matters; leave the rest for the buyer (we clear it after closing).
• Someone is living in it. Often a relative. A buyer who handles occupants — see our occupied-house page — can close anyway.

This guide is general information about Florida law and local process from a cash home buyer, not legal, tax or financial advice. Laws and procedures change; confirm details with a Florida attorney or the relevant county office.