This article is general information, not legal or tax advice. Every estate is different, so please talk with a Florida probate attorney and a tax professional about your situation.
Selling an inherited house in Florida usually comes down to three questions: who has the legal authority to sell, whether the home was the owner's homestead, and how the sale will be taxed. Once those are answered, the sale itself works much like any other listing.
If you have just inherited a home in Wellington, West Palm Beach or anywhere in Palm Beach County, here is the order I walk families through, so nothing is missed while you are also handling everything else that comes with losing someone.
Can you sell an inherited house before probate is finished?
Often, yes, but only once someone has the legal authority to sign. In Florida that is usually a personal representative appointed by the probate court, or the successor trustee if the home was held in a trust. Until that authority exists, a buyer's title company generally will not insure the sale.
Step 1: Find out how the home was owned
How the deed was titled decides which path you are on. Ask the family attorney, or look up the deed through the Palm Beach County Clerk's official records.
Held in a trust: the successor trustee can often sell under the trust's terms, frequently without a full probate.
Owned jointly with survivorship, or by a married couple together: the home typically passes directly to the surviving owner.
In the deceased owner's name alone: probate is usually needed so a personal representative can be appointed or the heirs' ownership can be confirmed.
Step 2: Ask whether the home was Florida homestead
If the owner lived in the home as their primary residence, Florida's homestead rules may apply. Homestead property is generally protected from the owner's unsecured creditors, and when there is a surviving spouse or minor child, Florida law limits who can inherit it, no matter what the will says.
Before insuring a sale, title companies often ask for a court order confirming the home was protected homestead. That step can add a few weeks, so it helps to raise it with your attorney early.
Step 3: Confirm who has authority to sign
If the will gives the personal representative a power of sale, they can usually list and sell without asking the court first. Without a will, or without that clause, court approval of the sale is typically required, which adds time. When several heirs inherit together, everyone with an ownership share generally needs to agree and sign. Smaller or older estates may qualify for Florida's simpler summary administration, for example when the estate's non-exempt value is $75,000 or less, or the owner died more than two years ago.
How long does selling an inherited house take?
It depends on the path. Summary administration can sometimes wrap up in a few weeks to a couple of months. Formal probate commonly takes six months to a year or longer, partly because creditors have at least three months to file claims after the notice to creditors is published. The sale itself can often close before probate is fully finished, once the personal representative has authority to sell. Your attorney can give you a realistic timeline for your situation.
Step 4: Protect and prepare the property
While the paperwork moves forward, the house still needs care, especially in Florida's heat, humidity and hurricane season.
Insurance: call the homeowner's insurance company right away. Many policies change when a home becomes vacant.
Utilities and climate control: keep the power on and the A/C running to prevent mold.
Bills: keep paying the mortgage, property taxes and any HOA dues so late fees do not build up. If the home has a reverse mortgage, call the lender right away, because those loans give heirs strict deadlines to repay or sell.
Belongings: agree as a family on what to keep before anything is sold, donated or cleared out.
Step 5: Understand the taxes on an inherited home
Florida has no state income tax, and federal rules usually reset an inherited home's tax basis to its fair market value on the date of death. That often means little or no capital gains tax when the home sells within a reasonable time for about that value.
Get a date-of-death appraisal: a qualified appraiser can document the home's value as of the date of death, which supports the basis on future tax returns.
Property taxes can change: the owner's homestead exemption and Save Our Homes cap generally end, so the next tax bill may be higher. The Palm Beach County Property Appraiser can explain what applies.
Talk with a tax professional before you sell, especially if heirs plan to keep or rent the home instead.
Step 6: List, sell and close
Once authority is in place, the sale follows the usual steps: price the home with a market analysis, decide which repairs are worth making, list it, negotiate and close. Florida sellers must disclose known facts that materially affect the home's value and are not readily observable, even if they never lived there, so share what the family knows with your agent and attorney.
I help families sell inherited homes across Wellington, FL, West Palm Beach and Palm Beach County, and I work alongside your attorney so the listing is ready the moment you have authority to sell. If you are not sure where to start, call or text me and we will map out your next steps together.
Caroline Orsini, Broker/Owner | Carolina Orsini LLC
Call or text 561-900-4670 · Equal Housing Opportunity