Disclosure: Pallas Growth is a cash home buyer. The information in this article is intended to be educational and objective. We also provide the cash purchase services described here.
Florida probate is administered through the circuit court in the county where the deceased resided. For official probate forms and procedures, see Florida probate resources. For federal tax guidance on inherited property and stepped-up basis, see IRS Topic 703 on the IRS website.
Inheriting a home can feel overwhelming. You're dealing with grief, family decisions, legal paperwork, and a property that may need attention — all at the same time. This guide walks you through what you actually need to know about selling an inherited home in Florida, in plain English, without the jargon.
What Is Probate in Florida — and Do You Have to Go Through It?
Florida probate is the court-supervised process for transferring a deceased person's assets to their heirs or beneficiaries. When it comes to real estate, if the home was solely owned by the person who passed away and had no beneficiary designation attached to it, it typically must go through probate before anyone has the legal authority to sell it.
That said, Florida has several shortcuts that can speed things up significantly. If the total value of the estate is under $75,000 (excluding exempt property like the homestead), a process called Summary Administration may apply — it's faster and considerably less expensive than full probate. If a surviving spouse or certain minor children are involved, Florida's homestead protections may affect how the property can be sold or transferred, so those situations require extra attention.
There's also one path that avoids probate entirely: if the deceased held the property in a revocable living trust, the home passes directly to the named beneficiaries without going through the courts at all. This is one of the biggest reasons estate planning attorneys recommend trusts in Florida.
The most important first step is to consult a Florida probate attorney before you do anything else. Depending on the size and complexity of the estate, the process can take anywhere from a few months to well over a year. An attorney can tell you exactly which path applies to your situation and how to get proper authority to act on behalf of the estate.
Your Three Options for Selling an Inherited Florida Home
Once you have legal authority to sell — or are working through the process of getting it — you have three main paths forward.
Option A: Sell to a cash buyer. This is the fastest route. You sell the home as-is, with no repairs, no cleaning, and no showings. A reputable cash buyer can close in days or weeks rather than months. This option can work even while the estate is still in probate, as long as the court has granted the necessary authority — a cash buyer experienced with estate sales will know what documentation is required. If you're dealing with an inherited property and want to move quickly, this is the option most heirs choose.
Option B: List with a real estate agent. The traditional route. It generally takes more time — you'll likely need to clean out the home, address deferred maintenance, and possibly stage it. A typical Florida listing takes 30 to 90 days to receive a suitable offer, followed by another 30 to 45 days to close. For estate properties still in probate, the court may also need to confirm the sale, which adds additional time to the process. The potential upside is a higher sale price, though that's not guaranteed once you factor in commissions, repairs, and carrying costs.
Option C: Keep or rent the property. Some heirs want to hold onto the home, either for sentimental reasons or as a rental investment. This is a valid option, but it comes with real costs: property taxes, insurance, maintenance, and if there's an existing mortgage, ongoing payments. When multiple heirs are involved, reaching agreement on managing a rental property long-term can get complicated quickly.
Why Many Heirs Choose a Cash Sale?
A cash sale isn't right for everyone, but there are very practical reasons it's often the best fit for inherited properties specifically.
Heirs frequently live out of state. Managing repairs, coordinating showings, and negotiating with buyers is difficult when you're not local. A cash buyer removes all of that — they take the home as-is and handle the logistics themselves.
Estate properties often have deferred maintenance. A home that hasn't been updated in years, or that sat empty during a prolonged probate process, is harder to list competitively. Cash buyers price in the condition and still make a fair offer — you don't have to spend money fixing up a home you're trying to sell.
Probate timelines create carrying costs. Every month the estate holds the property, it's paying taxes, insurance, and potentially utilities. A fast sale stops that clock. For an Orlando inherited home, for example, getting the property sold quickly can save the estate meaningful money compared to a months-long listing process.
Multiple heirs simplifies things. When two, three, or more family members share ownership of an inherited property, reaching consensus on repairs, listing price, and negotiation strategy can cause real friction. A single clean cash offer is much easier for everyone to evaluate and agree on. Once accepted, the proceeds are distributed to the heirs — no commissions, no repair credits, no drawn-out process.
How the Process Works (Step-by-Step)?
If you decide a cash sale makes sense, here's what the process actually looks like from start to finish.
- Confirm your authority. Make sure you are the executor or administrator of the estate and that you have Letters of Administration (or Letters Testamentary) issued by the probate court. Your attorney should confirm that selling the property is permitted under the current court order before you proceed.
- Order a title search. The title company will identify any outstanding liens, back taxes, or title issues that need to be resolved at or before closing. This step protects you and ensures the buyer receives clean title.
- Request a cash offer. Submit the property address and basic details. A serious cash buyer will come back with a written preliminary offer — no obligation to accept.
- Review and accept. Take your time reviewing the offer. If you accept, the buyer handles the paperwork, title, and closing costs. You don't pay agent commissions.
- Choose your closing date. You pick the date that works for the estate and the heirs. Closing can happen in as little as 14 days (our fastest close was 6 days) after acceptance, or you can take more time if needed.
- Collect proceeds. At closing, any outstanding liens, back taxes, and mortgages are paid off from the sale proceeds. The remaining balance goes to the estate and is then distributed to the heirs according to the will or Florida's intestacy laws.
Frequently Asked Questions
Q: Can I sell before probate is complete?
In some cases, yes. If you have Letters of Administration, you may be able to sell as personal representative of the estate before probate fully concludes — but you'll need your probate attorney to confirm this is allowed under the current court order. A cash buyer who works with estate sales regularly will be familiar with the documentation required and can work alongside your attorney to make sure everything is done correctly.
Q: What happens to the mortgage?
The outstanding mortgage balance is paid off at closing directly from the sale proceeds. You don't need to make payments before the sale closes, though it's worth understanding your lender's grace period rules so you know where things stand during the process.
Q: Do heirs owe capital gains taxes?
Inherited property receives what's called a "step-up in basis" under federal tax law. This means the property's cost basis is reset to the fair market value at the date of the original owner's death — not what they originally paid for it decades ago. If you sell shortly after inheriting the home, this often significantly reduces or eliminates any capital gains tax you'd otherwise owe. Every situation is different, so talk to a CPA or tax advisor about your specific circumstances.
Q: What if the house has no mortgage and needs major repairs?
A cash buyer will still make an offer. The offer price will reflect the as-is condition of the home, but for heirs who don't want to invest time or money into a property they're selling anyway, the net outcome is often better than spending on repairs first and then waiting months for the right buyer through a traditional listing.
See how Pallas Growth handles inherited property sales in Florida.
If you've inherited a home in Florida and you're not sure where to start, we're happy to answer questions — no pressure, no obligation. You can request a free cash offer and get a written number within 48 hours. It's the fastest way to understand what your options are worth.