This article is published by Home Pros (Balint Holdings, LLC), a veteran-owned cash home buyer and investor marketplace based in San Antonio that buys inherited houses directly from heirs and personal representatives, as is, without listing. The Florida statute text below was read in the 2024 Florida Statutes as published by the Florida Senate on October 19, 2026, and the federal tax point comes from an IRS publication fetched the same day. Check for later amendments before you rely on a specific number.
Who can sell an inherited house in Florida?
Someone with court authority has to sign. In Florida, the real and personal property of a decedent, other than protected homestead, becomes an asset in the hands of the personal representative, who holds it to pay claims, expenses, and devises and then to distribute it (Fla. Stat. 733.608). Heirs do not simply sign a deed on their own because the owner died.
The court decides who serves. Under Fla. Stat. 733.301, in an estate with a will the first choice is the person the will names. Without a will, the order is the surviving spouse, then the person selected by a majority in interest of the heirs, then the heir nearest in degree, and if more than one nearest heir applies, the court can choose the one best qualified. When nobody applies, the court appoints a capable person.
| Estate type | Order of preference |
|---|---|
| With a will | 1. Person named in the will, 2. Person chosen by a majority in interest of those entitled to the estate, 3. A devisee (court picks the best qualified if several apply) |
| No will | 1. Surviving spouse, 2. Person chosen by a majority in interest of the heirs, 3. Nearest heir (court picks the best qualified if several apply) |
If the house sat in a living trust or was owned jointly with survivorship rights, these estate rules may not apply at all. Ask a Florida probate attorney or the title company to run the ownership history before you list or accept any offer.
Do I have to go through probate to sell an inherited house in Florida?
In almost every case, yes, in some form, but the form can be short. Fla. Stat. 735.201 allows summary administration when the value of the entire estate subject to administration in Florida, less the value of property exempt from creditors, does not exceed $75,000, or when the owner has been dead for more than 2 years. A house is often the largest asset, so whether the estate fits under $75,000 depends on the home's value and on whether the house is protected homestead.
Summary administration is not a way around creditors. Before the court enters its order, the petitioner has to make a diligent search for known or reasonably ascertainable creditors, serve them with the petition, and provide for payment to the extent assets are available (Fla. Stat. 735.206). The order can then allow immediate distribution, and a bona fide purchaser for value from the people the order names takes the property free of the decedent's creditors' claims, which is why title companies are comfortable with it.
Larger estates go through formal administration. The court issues letters of administration to the personal representative, and the creditor timeline below applies. Either way, expect the title company to ask for a certified order or letters before it will insure a buyer.
What if the house was the owner's homestead?
Homestead changes who inherits, and it can change who can sell. Fla. Stat. 733.608 excludes protected homestead from the assets a personal representative holds for creditors, though the representative may take possession to preserve and insure it while its status is decided. If the owner did not validly devise the homestead, Fla. Stat. 732.401 says it descends like other intestate property, with one major exception.
If the owner is survived by a spouse and one or more descendants, the spouse takes a life estate in the homestead and the descendants take a vested remainder. In place of the life estate, the spouse may elect an undivided one-half interest as a tenant in common, with the other half going to the descendants. A life estate holder and remainder heirs must usually all agree to a sale, which is the situation where families most often get stuck.
The practical step is to find out early whether the house qualified as homestead and who holds each interest. A Florida probate attorney can answer that from the deed and the family tree, and it is worth doing before you spend money on repairs.
How long do creditors have to make a claim against a Florida estate?
Three months, in the usual case. Under Fla. Stat. 733.702, a claim that arose before death is not binding unless it is filed on or before the later of 3 months after the first publication of the notice to creditors or, for a creditor who must be served, 30 days after service. A claim filed late is barred even if no one objects, subject to the court exceptions in the statute.
There is also an outer limit. Fla. Stat. 733.710 says that 2 years after a person dies, neither the estate, the personal representative, nor the beneficiaries are liable for claims against the decedent, with exceptions for creditors who filed in time and for recorded mortgages and security interests, which stay in force.
For a house sale, the practical advice is to pay off any mortgage from the proceeds at closing, as lenders must be paid regardless of the claims window, and to keep the rest in the estate account until the filing period has run before distributing to heirs.
What taxes come with selling an inherited house in Florida?
The federal rule that matters most is the stepped-up basis. IRS Publication 523 explains that if you inherit a home, your basis is generally its fair market value on the date of the decedent's death (or the later alternate valuation date chosen by the personal representative). If you sell soon after for about that value, there is usually little or no taxable gain. If the home sells for more than its value at death, the difference is gain, and if it sells for less, a loss may apply.
The deed also carries state documentary stamp tax. Fla. Stat. 201.02 sets it at 70 cents on each $100 of consideration, and the statute counts any mortgage or encumbrance as part of the consideration. The examples below show the arithmetic on sale prices only; who pays at closing is set by the contract and local custom.
| Consideration | Calculation | Stamp tax |
|---|---|---|
| $150,000 | 1,500 x $0.70 | $1,050 |
| $250,000 | 2,500 x $0.70 | $1,750 |
| $400,000 | 4,000 x $0.70 | $2,800 |
Property taxes, insurance, and utilities keep accruing on a vacant inherited house while the estate is open, so a long probate has a real carrying cost. Ask a Florida CPA about your own situation, including any sale of a house you held as a rental.
Florida inherited house rules at a glance
| Question | Florida answer | Statute |
|---|---|---|
| Who has authority to sell | Court-appointed personal representative | Fla. Stat. 733.301, 733.608 |
| Summary administration limit | $75,000 (less exempt property) or owner dead over 2 years | Fla. Stat. 735.201 |
| Creditor claim deadline | Later of 3 months after first publication or 30 days after service | Fla. Stat. 733.702 |
| Outer limit on claims | 2 years after death, with exceptions | Fla. Stat. 733.710 |
| Homestead with spouse and descendants | Life estate for spouse, remainder to descendants (or half interest by election) | Fla. Stat. 732.401 |
| Deed stamp tax | 70 cents per $100 of consideration | Fla. Stat. 201.02 |
| Federal basis of inherited house | Fair market value at date of death | IRS Publication 523 |
What does this mean if I sell to a cash buyer instead of listing?
Every step above still happens before a cash sale closes. A cash buyer does not let you skip the question of who has authority to sign, a probate order where one is required, or the homestead question, because a title company insures a cash purchase the same way it insures a financed one. What changes is the work after the right person has authority. Home Pros (Balint Holdings, LLC) buys Florida houses as is, so there are no repairs, no cleanout, no showings, and no waiting on a buyer's mortgage approval. We give a written offer within 24 hours of getting the address and details. Our fastest close is 7 days, and a typical one runs 14 to 30 days, set by when the estate is ready rather than by a lender's calendar.
A cash offer is usually lower than a fully prepared retail listing, and an honest comparison should say so. It makes sense when the house needs work, when heirs live in different states, when taxes, insurance, and utilities keep piling up, or when the family wants the estate closed. See how we price in how we calculate your offer, try the cash offer calculator, and read our Florida home buying page. For first steps in any state, start with our complete guide to selling an inherited house, the piece on selling when there is no will, and the guide to selling an inherited house from out of state. If you want to vet any cash buyer first, read how to verify a we-buy-houses company.
Frequently Asked Questions
Do I have to go through probate to sell an inherited house in Florida?
Usually yes, in one of two forms. Formal administration appoints a personal representative who can sign the deed, and summary administration is a shorter court process for estates of $75,000 or less (not counting exempt property) or where the owner died more than two years ago (Fla. Stat. 735.201). A title company will want a court order or letters before insuring a sale.
What is summary administration in Florida?
It is a faster probate proceeding. The court can order immediate distribution of the assets to the people entitled to them, but the petitioner must first search for known creditors, serve them with the petition, and provide for payment to the extent assets are available (Fla. Stat. 735.201 and 735.206).
How long do creditors have to make a claim against a Florida estate?
A claim is barred unless filed by the later of 3 months after the first publication of the notice to creditors or 30 days after service on a creditor who must be served (Fla. Stat. 733.702). Two years after death, the estate generally is no longer liable for claims against the decedent (Fla. Stat. 733.710).
Who gets to serve as personal representative of a Florida estate?
If there is no will, the preference order is the surviving spouse, then the person chosen by a majority in interest of the heirs, then the heir nearest in degree. With a will, it starts with the person the will names (Fla. Stat. 733.301).
Is inherited Florida homestead part of the estate?
Protected homestead is excluded from the assets a personal representative holds for creditors and expenses (Fla. Stat. 733.608). If it was not validly devised, it descends like other intestate property, except that a surviving spouse with descendants takes a life estate with the remainder to the descendants, unless the spouse elects a half interest as a tenant in common (Fla. Stat. 732.401).
How much is the Florida documentary stamp tax on a deed?
Fla. Stat. 201.02 sets it at 70 cents per $100 of consideration, and consideration includes any mortgage balance on the property. On a $250,000 sale that works out to $1,750.
Sources
- Florida Statutes, Chapter 733 (Administration of Estates): Fla. Stat. 733.301 (preference in appointment), 733.608 (general power of the personal representative), 733.702 (limitations on presentation of claims), and 733.710 (limitations on claims against estates).
- Florida Statutes, Chapter 735 (Small Estates): Fla. Stat. 735.201 and 735.206, summary administration.
- Florida Statutes, Chapter 732 (Intestate Succession and Wills): Fla. Stat. 732.401, descent of homestead.
- Florida Statutes, Chapter 201 (Excise Tax on Documents): Fla. Stat. 201.02, tax on deeds.
- IRS Publication 523, Selling Your Home: basis of an inherited home.
Statute text was read in the 2024 Florida Statutes on the Florida Senate site. Probate procedure, thresholds, and tax rates can change by legislative session, and each Florida circuit court has its own local practices. Confirm current requirements with a Florida estate attorney or CPA before relying on this guide for a specific estate. This article is educational and not legal or tax advice.
Co-founder and COO of Home Pros (Balint Holdings, LLC) and a licensed Texas real estate agent. Trevor runs the acquisitions side of the business, pricing and closing offers directly with sellers. More about Trevor →