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Florida Inherited House Guide

Selling an Inherited House in Florida

The Short Answer

Yes, you can sell an inherited house in Florida, once you know how it passed to you. An enhanced life estate (Lady Bird) deed or a survivorship deed may already have made it yours. If the house was the owner's protected homestead, it usually passes to the heirs outside the creditors' reach, often after a court order determining homestead. Otherwise the personal representative handles it in probate. Then the practical work begins: insurance, the hurricane-season checklist, what it's worth as-is, what the heirs want, and whether to keep, list or sell it as-is.

No obligation. Use it as a benchmark even if you list.

For Florida heirs figuring out what to do with a house that's now theirs. General information, not legal or tax advice.

Start Here

How Did the House Pass to You?

  • Enhanced life estate (Lady Bird) deedThe beneficiaries named in the deed own it at death, usually with no probate needed for the house.
  • Survivorship deedA surviving joint owner owns it.
  • Protected homesteadThe family home usually goes to the heirs under Florida's homestead rules, with a court order confirming it. (Fla. Stat. § 733.608)
  • Other property in the estateThe personal representative controls it until the estate distributes or sells it. (See How to Sell a House in Probate in Florida.)

If the owner left a spouse or a minor child, Florida limits how the homestead could be left by will, so a will that "gives" the house to one child may not control. (Fla. Stat. § 732.4015)

A First-Month Checklist

  • Get the house insured in the right names, including wind coverage.
  • Find out if there's a mortgage, HOA dues or unpaid taxes.
  • Confirm who can legally sign a sale.
  • Secure it before the next storm.
  • Decide what each heir actually wants.

Condos, HOAs and 55+ Communities

A lot of inherited Florida homes are condos or houses in an HOA or 55-and-over community. Dues keep coming after the owner dies, unpaid dues can become a lien, and many associations must approve a buyer or a renter. Older condo buildings may also be facing big special assessments after Florida's recent building-safety laws. Ask the association for an estoppel letter showing what's owed before you set a price.

Want a Number to Compare Against?

Tell me about the house and the family. I'll give you an as-is number everyone can look at, and tell you if listing makes more sense.

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Your Options

What You Can Do With It

Move In

Remember the homestead exemption and the Save Our Homes cap belonged to the person who died. If you move in, you'll need to apply in your own name, and the taxable value may reset.

Rent It

Check the HOA's rental rules first. Florida's landlord-tenant law sets strict notice and deposit rules. (See Selling a House With Bad Tenants in Florida.)

Update and List It

Usually the top price if the house shows well and the heirs agree on a budget. You'll owe buyers Florida's flood disclosure. (Fla. Stat. § 689.302)

Sell It As-Is

If the roof is old, the AC is tired or the house is full of belongings, an as-is sale lets you skip all of it. If you want the least hassle, sell it as-is to a real estate investor: no open houses, no repair punch list, nothing to clear out, and you decide when to close. With Dennis Buys Houses, leaving things behind is part of the deal. Grab what you care about and leave the rest. If anything we find looks personal or valuable, we'll reach out and get it back to you.

Figuring Out What It's Worth

In Florida, the roof's age and the insurance cost can matter as much as the kitchen. Many insurers won't write a policy on an older roof, which shrinks the pool of buyers who can get a mortgage. Look at recent sales of truly comparable homes nearby, and be honest about the roof, the AC, plumbing, electrical and any water damage. The property appraiser's value is for taxes, not a sale price.

Sorting Through What's Inside

Pull out documents, valuables, photos and keepsakes before anything gets hauled off. The rest can go to family, an estate sale or donation, or stay with the house if you sell as-is.

Family

Sharing It With Siblings

  • Sell togetherAgree in writing on price, who handles it and how costs come out of the proceeds.
  • Buy out a siblingBase it on an appraisal or an agreed number, and confirm the financing first.
  • One sibling lives thereDecide who pays taxes, insurance and dues, and put an end date on it.
  • No agreementAny co-owner can file a partition action asking the court to divide or sell it.

The Costs Set the Clock

Taxes are due November 1 and delinquent April 1; unpaid taxes go to a tax certificate sale. Insurance, HOA dues and storm risk add up monthly. (See Selling a House With Delinquent Property Taxes in Florida and Selling a Vacant House in Florida.) If a mortgage is behind, the lender has to go through the court to foreclose. (See Selling a House in Foreclosure in Florida.)

Taxes When You Sell

Heirs usually take a tax basis equal to the value at death, so a sale within a year or so usually has little gain. Get a date-of-death appraisal. Florida has no state income tax and no inheritance tax.

Selling From Another State

Florida closings can be handled by a title company with remote signing. The hard part is the house: storms, humidity, pests and keeping it secure from far away.

Sometimes "Done" Is Worth More Than Top Dollar

A man who lived several states away came back to handle his childhood home after his father passed. It was dated but livable, and I told him, twice, that listing it would probably put more money in his pocket. He chose to sell to me anyway; he wanted to be finished. He didn't attend the closing and the funds were wired to him. I'll always show you the tradeoff. What matters most is your call. (The full story is on my About page.)

Common Florida Inheritance Mistakes

  • Letting the insurance lapse because the policy was in the deceased owner's name.
  • Assuming the will controls a homestead when there's a spouse or minor child.
  • Ignoring HOA dues and assessments.
  • Moving in without applying for your own homestead exemption.
  • Forgetting the flood disclosure when you sell.
  • Leaving the house unprepared for hurricane season.
Who You're Working With

Where I Fit, and Where I Don't

Dennis Fassett, Founder of Dennis Buys Houses

Florida heirs usually call me when the house needs a roof, AC or storm repairs, is still full of belongings, or the family lives far away.

And with Dennis Buys Houses, there's no clean-out. Whatever you leave, we'll deal with.

If it's updated and insurable and the family agrees on listing it, an agent will probably get you more. I'll tell you that.

Either way, I'll tell you upfront if I'm the right fit or not.

3,000+Team TransactionsSince 2004
BBB Accredited Business, A+ Rating
★★★★★Google Reviews5.0 rating

In One Seller's Words

★★★★★

“Thanks for buying my Mother’s home. It was a big help that you were able to buy it without us having to clean it out and get it ready to sell. My mother had accumulated lots of stuff and after the stress of her long illness I was exhausted and I dreaded dealing with all of it. I also liked it that you gave me a very fair price for the home. I’m on a fixed income and that really helped a lot.”

Henry G.

Read more reviews from homeowners I've worked with

Frequently Asked Questions

Can I sell an inherited house in Florida before probate ends? ⌄

Often. A Lady Bird or survivorship deed may skip probate, protected homestead usually goes to the heirs, and the personal representative can sell other estate property.

What is a Lady Bird deed? ⌄

An enhanced life estate deed that lets the owner keep control during life and passes the house to named beneficiaries at death without probate.

Do I have to clean out the house before selling? ⌄

No. With an as-is sale, you can take what matters to you and leave the rest. Dennis Buys Houses handles what's left.

Do I owe taxes when I sell an inherited house in Florida? ⌄

Usually little federal tax on a quick sale because of the step-up in basis. Florida has no income or inheritance tax.

What happens to the homestead exemption? ⌄

It ended with the owner. If an heir moves in, they apply in their own name.

Do I have to give a flood disclosure? ⌄

Yes. Florida requires sellers of residential property to give a flood disclosure at or before signing the contract.

Official Resources

Your county property appraiser, clerk of court and tax collector each post forms and records online. Key statutes: Fla. Stat. § 732.4015 (homestead) and Fla. Stat. § 689.302 (flood disclosure).

Go Deeper

Florida Selling Guides

Inherited a Florida House You Don't Want to Manage?

Tell me where it is and who's involved. I'll send a straight as-is number, and if a listing or a family buyout is smarter, I'll tell you.

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