Probate and Real Estate in Florida: A Guide to Selling an Inherited Home

Inheriting a home in Florida can bring both emotional weight and financial complexity. Whether the property was a parent's primary residence, a vacation home, or an investment property, the process of selling inherited real estate involves navigating Florida's probate system, understanding your tax obligations, and making informed decisions about timing and pricing. John Belt with Keller Williams On The Water has worked with families throughout Manatee and Sarasota counties to sell inherited properties, and this guide covers the key steps you need to know.

When Probate Is Required

In most cases, if the deceased person held title to Florida real estate solely in their name, probate is required before the property can be sold. Probate is the legal process through which a court validates the will, appoints a personal representative, settles debts, and authorizes the transfer of property to the rightful heirs. If the property was held in a revocable living trust, in joint tenancy with right of survivorship, as tenants by the entirety with a surviving spouse, or through a lady bird deed (enhanced life estate deed), the property may transfer outside of probate entirely.

Summary Administration vs. Formal Administration

Florida offers two primary probate tracks. Summary administration, governed by Florida Statutes Section 735.201, is available when the estate's total value (excluding exempt homestead property) is under $75,000, or when the decedent passed away more than two years ago. As of July 1, 2026, House Bill 1337 raised this threshold to $150,000, making it easier for more families to qualify for the faster, less expensive process. Summary administration can often be completed in a matter of weeks.

Formal administration under Chapter 733 of the Florida Statutes is required for larger estates. A personal representative is appointed by the court and given authority over the estate's assets, including real property. Formal administration typically takes three to six months for straightforward estates and can take a year or more if contested. The personal representative has a fiduciary duty to preserve estate assets until they are distributed or sold.

The Role of the Personal Representative

Under Florida Statute 733.607, the personal representative takes control of the deceased person's real property (except for protected homestead) and has a duty to protect and preserve it. The personal representative has the authority to list and sell real estate, but may need court approval depending on the terms of the will and the type of administration. If you are the personal representative and need to sell the property, work with a real estate agent who has experience with probate sales. John Belt with Keller Williams On The Water understands the timeline and documentation requirements for listing estate properties in Manatee and Sarasota counties.

Homestead Property Protections

Florida's homestead protections add a layer of complexity when the deceased person's home was their primary residence. Under the Florida Constitution, homestead property is subject to restrictions on how it can be devised in a will. If the owner was survived by a spouse or minor children, the homestead may descend to them regardless of what the will says. Even when probate is otherwise avoided through a trust or other mechanism, a court order confirming the homestead status may still be required before the property can be sold to a third party. An experienced probate attorney can advise on these issues.

Stepped-Up Basis and Capital Gains

One significant tax advantage when selling inherited real estate is the stepped-up basis. Under federal tax law, the property's cost basis resets to its fair market value as of the date of the decedent's death. This means that if you sell the property shortly after inheriting it, you may owe little or no capital gains tax, because the taxable gain is only the appreciation that occurs after the date of death. For example, if the decedent purchased the home for $150,000 decades ago but it was worth $400,000 at the time of death, your basis is $400,000 — not $150,000.

Florida does not impose a state estate tax or inheritance tax, which simplifies the equation further. However, if you hold the property for an extended period before selling, any appreciation above the stepped-up basis will be subject to federal capital gains tax.

Selling an Inherited Home: Practical Considerations

Before listing an inherited property, you will need to address several practical matters. First, confirm that the title is clear and that probate has been completed or is not required. A title search will reveal any liens, mortgages, or encumbrances on the property. Second, assess the condition of the home. Inherited properties often need maintenance, repairs, or updates, especially if the previous owner was elderly or had not maintained the property in recent years. Third, decide whether to sell as-is or invest in improvements that could increase the sale price.

If multiple heirs share ownership, all parties must agree to the sale, or a partition action may be required. Having open communication among heirs and working with a knowledgeable real estate agent can help avoid disputes and delays.

Timeline for Selling

The timeline for selling an inherited home depends on the probate process, the condition of the property, and market conditions. If probate is required, you generally cannot close on a sale until the personal representative has been appointed and has authority to convey the property. In a summary administration, this can happen in weeks. In formal administration, plan for several months. John Belt with Keller Williams On The Water can begin marketing the property while probate is pending to minimize the total time to close.

Disclaimer: This article is for general informational purposes only and does not constitute legal or tax advice. Probate law is complex and varies by circumstance. Consult a qualified Florida probate attorney and tax professional for guidance specific to your estate. For help selling inherited property in Manatee or Sarasota County, contact John Belt with Keller Williams On The Water.