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Selling an Inherited House in Florida

Before you can sell an inherited Florida home, someone needs legal authority to sign the deed. That usually means probate. Here's how it works.

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What to know

Who can sellUsually the personal representative named by the probate court, once they have Letters of Administration. If the home was in a trust, the trustee can…

Usually the personal representative named by the probate court, once they have Letters of Administration. If the home was in a trust, the trustee can sell under the trust's terms without probate. Joint owners with survivorship rights may already own it outright.

The usual stepsTalk with a Florida probate attorney about which process applies (formal or summary administration). Get court authority (Letters of Administration)…
  1. Talk with a Florida probate attorney about which process applies (formal or summary administration).
  2. Get court authority (Letters of Administration) if probate is needed.
  3. Secure, insure, and maintain the property.
  4. Clean out and prepare the home, or sell as is.
  5. List it, accept an offer, and close through a title company familiar with estate sales.
Things that complicate itFlorida homestead rules can limit how a home passes when there's a surviving spouse or minor child. Multiple heirs must agree on price and terms.…
  • Florida homestead rules can limit how a home passes when there's a surviving spouse or minor child.
  • Multiple heirs must agree on price and terms.
  • Taxes: inherited property often gets a stepped-up cost basis. Ask a tax professional.

This page is general information, not legal or tax advice.

Questions, answered

Do I need probate to sell an inherited house in Florida?Often, unless the home was in a trust or passed directly to a surviving owner. A probate attorney can confirm.

Often, unless the home was in a trust or passed directly to a surviving owner. A probate attorney can confirm.

Can I list an inherited home with a flat fee?Yes, once the person with legal authority can sign the listing agreement and deed.

Yes, once the person with legal authority can sign the listing agreement and deed.

Can I sell an inherited house as is?Yes. You must still disclose known material defects.

Yes. You must still disclose known material defects.

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Updated October 2026. General information, not legal or tax advice.

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