How to Sell Inherited Property in Florida
Inheriting a property in Florida comes with legal, tax, and logistical complexity — especially when multiple heirs are involved. Here's a step-by-step guide to selling inherited real estate in Florida.
List for $99 — No Closing FeesStep 1: Determine Who Has Legal Authority to Sell
Before listing inherited property, you must establish clear legal authority. The process depends on how the property was titled:
Trust-Held Property
If the property was in a revocable trust, the successor trustee has immediate authority to sell without probate. This is the fastest path.
Joint Tenancy with Right of Survivorship
The surviving co-owner inherits automatically. File the death certificate with the county clerk and you have clear title.
Ladybird Deed (Enhanced Life Estate)
Common in Florida — property transfers automatically to the named beneficiary on death. No probate required.
Solely in Decedent's Name
Requires probate to transfer title. Florida has a simplified Summary Administration for estates under $75,000 or when the decedent has been dead for 2+ years.
Florida Probate Basics for Sellers
File for probate
The personal representative (executor) petitions the circuit court in the county where the property is located. Florida probate is filed in state court, not federal.
Appoint a personal representative
The court appoints the personal representative named in the will, or an heir if there's no will (intestate succession). This person has authority to sign contracts and deeds.
Clear creditors and debts
The estate must satisfy outstanding debts and creditor claims before distributing assets. Florida has a 90-day creditor claim period.
Obtain Letters of Administration
The court issues Letters of Administration or Letters Testamentary — the document title companies require before closing.
Close the sale
The personal representative signs the deed at closing. Proceeds flow to the estate and are distributed per the will or intestacy law.
The Step-Up in Basis Tax Advantage
One of the most significant benefits of inheriting real estate is the step-up in cost basis to fair market value at the date of death. This can dramatically reduce capital gains taxes when you sell.
Example: Step-Up Basis in Action
Consult a CPA or tax attorney for your specific situation — step-up basis rules are complex for partial interests, trusts, and community property states.
Selling Inherited Property with Multiple Heirs
All heirs must agree
If the property passes to multiple heirs (e.g., three siblings), all must agree to sell and sign the deed. One heir cannot be forced to sell — but they can be bought out by the others.
Partition action (court-ordered sale)
If heirs can't agree, any co-owner can file a partition action in Florida circuit court. The court can order the property sold at auction and proceeds divided. This is expensive and slow — use it only as a last resort.
Buyout option
One heir can purchase the others' shares at fair market value. Have the home appraised, agree on price, and refinance or pay cash. The buying heir gets full ownership without a third-party sale.
Divide proceeds at closing
If all heirs agree to sell, the title company can split proceeds at closing per a written distribution agreement — paid directly to each heir via separate checks or wire.
Related Florida Seller Resources
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