When a loved one passes and leaves you a Florida home, selling it is rarely as simple as listing it. Before a buyer's title company will insure the sale, someone has to establish that you have the legal right to convey the property — and that all heirs and creditors are accounted for. How that works depends entirely on how title was held.
- Whether you can sell without probate depends on how title was held.
- Survivorship, a living trust, or a Lady Bird deed can pass title outside probate.
- A sole owner with no plan usually means probate is required to convey clear title.
- The title company needs death certificates, the will/probate docs, and heir info to insure clear title.
The First Question: How Was Title Held?
Owned in the Deceased's Name Alone
Usually requires probate. The court appoints a personal representative, creditors are addressed, and a court order or personal representative's deed conveys the property. Florida offers summary administration for smaller or older estates, which is faster than formal probate.
Lady Bird (Enhanced Life Estate) Deed
If the owner signed a Lady Bird deed, the property passes automatically to the named beneficiaries at death — typically avoiding probate. Florida is one of the few states that recognizes these. You'll generally need the recorded deed and a death certificate.
Living Trust
If the home was titled in a revocable living trust, the successor trustee can usually sell it without probate, following the trust's terms.
Joint Ownership With Survivorship
Property held as joint tenants with right of survivorship or by a married couple as tenants by the entirety generally passes to the surviving owner outside probate.
💡 Not sure how the home was titled? Send us the address — a title search reveals the recorded deed and the path to a clear sale.
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Why the Title Company Cares
To issue title insurance, we have to confirm the seller has authority to convey and that no heir, spouse, or creditor can later surface with a claim. Florida's homestead rules add another layer — homestead property has special protections and restrictions on how it passes. Gaps here are exactly the kind of title defect that owner's title insurance protects the eventual buyer against. A thorough title search is where it all starts.
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Documents You'll Likely Need
- Certified death certificate
- The recorded deed showing how title was held
- Probate documents (letters of administration, court order, or personal representative's deed) — or
- Proof of a non-probate transfer (trust certificate, Lady Bird deed)
- Payoffs for any mortgages, liens, or unpaid taxes on the property
Heir Property & Multiple Owners
When several heirs inherit together, all must typically agree and sign to sell. Disputes are common — and a clear title plan up front prevents a stalled closing later. An experienced title company and, where needed, a probate attorney keep the sale on track.
Step by Step: Selling an Inherited House in Florida
- Confirm how title was held. Pull the last recorded deed. Joint ownership with survivorship, a Lady Bird deed or a trust may let the property pass without probate; sole ownership by the decedent usually means probate first.
- Open the estate if one is needed. Summary administration is available when the estate is small or the death was more than two years ago; formal administration takes longer and appoints a personal representative with authority to sell.
- Order a title search early. Old mortgages, liens, unpaid property taxes and HOA balances follow the house, not the decedent. Finding them before listing avoids a delayed closing.
- Get every heir on the same page. Where several heirs inherit, all of them (or the personal representative with court authority) must sign. If heirs disagree, a buyout or partition may be needed.
- Prepare the deed and the estate paperwork. The closing agent needs the death certificate, the probate order or letters of administration, trust certification if applicable, and payoff statements.
- Sign and close. Out-of-state heirs can sign by mail-away or remote online notarization. Proceeds are disbursed to the estate or directly to the heirs as the court order directs.
- File the homestead and tax paperwork. The decedent’s homestead exemption ends; the buyer reapplies, and the heirs report the sale using the stepped-up basis.
What It Costs to Sell Inherited Property in Florida
An inherited sale carries the same Florida closing costs as any other sale, plus the cost of getting the estate in a position to convey. The state-mandated items are fixed; the probate and commission items vary. Run the closing side through the Florida seller net sheet.
| Cost | Typical amount | Who pays |
|---|---|---|
| Deed documentary stamps | $0.70 per $100 of price ($0.60 in Miami-Dade) | Seller (the estate or heirs) |
| Owner’s title policy | Promulgated rate; about $1,575 on $300,000 | Seller in most counties by custom |
| Probate court and attorney fees | Summary administration typically a few thousand dollars; formal administration more, often set as a percentage of the estate | Estate, before or from sale proceeds |
| Real estate commission | Negotiated, commonly 5–6% on a listed sale; none on a direct or FSBO sale | Seller |
| Capital gains tax | Usually little or none: heirs receive a stepped-up basis to the date-of-death value | Heirs, on any gain above the stepped-up basis |
| Florida estate or inheritance tax | None | No one |
Attorney fees vary by county and firm and are shown as ranges; confirm with the estate’s attorney. The stepped-up basis is a federal income-tax rule; consult a CPA for your situation.
Selling When a Mortgage or Reverse Mortgage Is Still on the Home
A conventional mortgage does not have to be paid off before the estate sells; it is paid from the proceeds at closing like any other sale, and federal law prevents the lender from calling the loan simply because the borrower died and a relative inherited. Keep the payments current in the meantime, because a default adds fees and can start a foreclosure that complicates the sale.
A reverse mortgage is different. The loan becomes due when the last borrower dies, and the servicer generally allows six months to sell or refinance, with extensions available on request. Heirs can satisfy the loan by paying the lesser of the balance or 95% of the appraised value. Order the payoff early: reverse-mortgage payoffs take longer than conventional ones, and the deadline runs from the date of death, not the date probate opens.
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Submit a Contract →Related Reading
What a Florida Title Search Covers
How we confirm clear title before closing.
Florida Title Insurance Explained
What an owner's policy protects against.
5 Closing Mistakes to Avoid
Including the homestead & signing traps.
Selling an Inherited House, County by County
Probate is filed by county, the deed records by county, and whether the buyer or the seller customarily pays for the owner’s title policy is a county custom that changes what the estate nets. Each page below carries those local numbers, plus a calculator preset to that county.
Calculate what the estate nets →
Alachua · Baker · Bay · Bradford · Brevard · Broward · Calhoun · Charlotte · Citrus · Clay · Collier · Columbia · DeSoto · Dixie · Duval · Escambia · Flagler · Franklin · Gadsden · Gilchrist · Glades · Gulf · Hamilton · Hardee · Hendry · Hernando · Highlands · Hillsborough · Holmes · Indian River · Jackson · Jefferson · Lafayette · Lake · Lee · Leon · Levy · Liberty · Madison · Manatee · Marion · Martin · Miami-Dade · Monroe · Nassau · Okaloosa · Okeechobee · Orange · Osceola · Palm Beach · Pasco · Pinellas · Polk · Putnam · Santa Rosa · Sarasota · Seminole · St. Johns · St. Lucie · Sumter · Suwannee · Taylor · Union · Volusia · Wakulla · Walton · Washington
Frequently Asked Questions
Can I sell an inherited Florida house without probate?
Sometimes — if title passed via a Lady Bird deed, living trust, survivorship, or transfer-on-death. If the deceased owned it alone, probate is usually required.
What is a Lady Bird deed?
An enhanced life estate deed that lets an owner keep control during life and pass property to beneficiaries at death, typically avoiding probate. Florida recognizes them.
Why does a title company care about probate?
To insure clear title, we must confirm the seller's authority to convey and that all heirs and creditors are accounted for. Probate or a recognized non-probate transfer establishes that.
What documents do I need to sell inherited property?
Commonly a death certificate, the recorded deed, and either probate documents or proof of a non-probate transfer. Your title company will give you the exact list.
General information, not legal advice. Probate and estate matters are fact-specific; consult a licensed Florida attorney. Your title company coordinates the title side of the sale.
Selling an Inherited Florida Home?
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