Selling an inherited house
in Florida: a probate guide.

By Kyle Thompson, Comfy Home Offers · Updated 2026-10-27 · General information, not legal, tax or insurance advice.

Yes. Heirs can often sell an inherited Florida house once the person with authority to sign is clear—frequently through probate. Comfy Home Offers buys inherited houses, mobile homes on their own land, and land as-is in Brevard and Orange County. You can usually get a written offer within 24 hours and close in 30 days or less once title is ready.

If a parent or relative left you a house in Brevard or Orange County, you probably have questions about who can sell it, when, and what has to happen first. This guide explains the general process in plain language. Every estate is different, so confirm the details with a Florida probate attorney.

You do not have to solve everything first

An inherited property can bring decisions about belongings, ongoing expenses, and what to do with the home. You do not have to finish probate, empty the garage, or pick a renovation plan before requesting an offer. An initial conversation is not a promise that a sale can close before ownership or court requirements are resolved.

Gather what you already have

• The property address and any ownership documents you can find (deed, will, trust papers, death certificate).
• Contact details for the attorney or title professional involved.
• Information about anyone occupying the home, including tenants or family members.
• Known repairs, existing loans or liens, insurance status, and HOA or condo contacts.
• A rough sense of what belongings you want to keep, donate, or leave for the buyer to handle—and how much time you need.

Any agreement about contents or possession should be written into the transaction documents, not left as a handshake.

Step 1: Find out how the house was owned

How the title was held decides whether probate is needed at all. Check the deed through the county Clerk’s official records or the property appraiser. Common situations:

• Sole name of the person who died: usually requires probate before it can be sold.
• Joint owners with right of survivorship, or a married couple as tenants by the entirety: the survivor usually becomes the owner without probate, by recording a death certificate.
• Lady Bird (enhanced life estate) deed or transfer-on-death arrangement: the named beneficiary may take title without probate.
• Held in a living trust: the successor trustee can usually sell under the trust’s terms without probate.

Step 2: Know the types of Florida probate

Florida has two main types of administration. Summary administration is a shorter process that may be available when the estate’s non-exempt assets are $75,000 or less, or when the person died more than two years ago. Formal administration appoints a personal representative who gets “letters of administration” giving them authority to act for the estate, including selling real estate, sometimes with court approval. An attorney will tell you which applies.

Homestead property has special protection in Florida, and whether the house was the decedent’s homestead can change how it passes to heirs and whether creditors can reach it. That is a key question to ask your attorney.

Where probate is filed locally

• Brevard County: Brevard County probate cases are handled by the Clerk of Court and heard at the Harry T. and Harriette V. Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera, FL 32940. The Clerk’s probate line is (321) 637-5413. Probate e-mail: probate@brevardclerk.us.
• Orange County: Orange County probate filings go through the Clerk’s Probate/Mental Health Division at the Orange County Courthouse, 425 North Orange Avenue, Suite 335, Orlando, FL 32801 (407-836-2057), within Florida’s Ninth Judicial Circuit.

Step 3: Who can sign the sale

Until probate is finished, usually only the personal representative (or the successor trustee, for a trust) can sign a contract, and all heirs may need to agree or be notified depending on the will and the court. If several siblings inherit together, agree early on whether to sell, keep or rent the house; disagreements are the most common cause of delay.

Step 4: Protect the house in the meantime

• Keep the homeowners policy in force, and tell the insurer the house is vacant. Many policies limit coverage on vacant homes.
• Keep paying property taxes and the mortgage if there is one; contact the lender to report the death.
• Secure the house, shut off water if it is empty, and keep the AC running at a reasonable setting to limit humidity and mold.
• Do not throw out documents. Look for the will, deed, insurance, mortgage statements and tax bills.

Step 5: Decide how to sell

You can list with an agent, sell to a direct buyer, or one heir can buy out the others. A listing may bring a higher price if the house is in good shape and you have time and money for repairs, cleaning and months of carrying costs. A direct as-is sale usually brings a lower price but avoids clean-outs, repairs and showings, and can be timed around the court’s schedule. Get a written offer and a realistic listing estimate, then compare what you would net.

Taxes and costs to ask about

Heirs generally receive a “stepped-up” basis equal to the home’s value at the date of death, which can reduce capital gains tax if you sell soon after. Florida has no state inheritance tax. At closing, Florida charges documentary stamp tax on the deed (generally $0.70 per $100 of the price), and who pays it is negotiable. Ask a CPA about your specific situation.

How we help heirs

We buy inherited homes as-is, including contents you do not want to deal with We coordinate with your attorney and a Florida title company, and can sign the contract once the personal representative has authority. You do not have to travel for showings if you live out of state.

Questions sellers ask