How to Sell an Inherited House in Florida During Probate

October 27, 2026

Yes, you can sell an inherited house in Florida during probate. If the will gives the personal representative a power of sale, the house can usually be sold without a court order. If there is no will, or the will gives no power of sale, the sale needs court authorization or confirmation, and a protected homestead follows separate rules (Fla. Stat. 733.613).

Who has the power to sell an inherited house in Florida?

During probate, the court appoints a personal representative (often called an executor). That person manages estate assets. Under Florida law, the decedent’s property, “except the protected homestead,” becomes an asset in the personal representative’s hands (Fla. Stat. 733.608).

The general powers list in section 733.612 leaves out real property (Fla. Stat. 733.612(5)). Real estate sales have their own section, 733.613.

When the will gives a power of sale

If the will grants a specific power to sell real property, or a general power to sell any estate asset, the personal representative may sell, mortgage, or lease the property “without authorization or confirmation of court” (Fla. Stat. 733.613(2)).

When court approval is needed

If the person died without a will, or the will gives no power of sale or limits it, the personal representative may still sell at a public or private sale if it is in the estate’s best interest. But “no title shall pass until the court authorizes or confirms the sale” (Fla. Stat. 733.613(1)). A buyer cannot close until the judge signs the order, and no one can promise when, or whether, that will happen.

A buyer in a sale made under a power of sale or a court order takes title free of estate creditor claims and beneficiary claims. Existing mortgages and liens stay attached (Fla. Stat. 733.613(3)).

Formal vs. summary administration: which one applies?

Most estates with real estate go through formal administration, where a personal representative is appointed and the judge supervises the process (The Florida Bar).

Summary administration is a shorter process with no personal representative. Under the 2026 Florida Statutes, it is available if either:

  • the estate subject to administration in Florida, minus exempt property, “does not exceed $150,000,” or
  • the person has been dead for more than 2 years (Fla. Stat. 735.201).

That limit was $75,000 until the Legislature changed it in 2026. The change came through CS/HB 1337, signed April 29, 2026, effective July 1, 2026 (Ch. 2026-57, Laws of Fla.). Older pages still show $75,000. Ask your attorney which limit applies to your case, especially if the death happened before July 1, 2026.

How long does probate take before the house can be sold?

The creditor period sets the minimum pace. After the notice to creditors is published, most claims are barred unless they are filed by the later of 3 months after first publication or 30 days after a creditor who must be served receives the notice (Fla. Stat. 733.702). Mortgages and other liens are not cut off by this deadline.

The Florida Bar says an estate must stay open at least through that 3-month creditor period, and a simple estate typically takes about five or six months. Disputed claims, will contests, and property sales can make it longer (The Florida Bar).

Why is a protected homestead treated differently?

Florida’s Constitution gives the family home special protection. Article X, Section 4 exempts homestead from forced sale by creditors, says those exemptions “shall inure to the surviving spouse or heirs of the owner,” and says the homestead “shall not be subject to devise if the owner is survived by spouse or minor child,” with an exception allowing a gift to the spouse when there is no minor child (Art. X, s. 4, Fla. Const., as quoted in AGO 2007-22).

For a seller, that means:

  1. It is not an estate asset. Section 733.608 carves the protected homestead out of the property the personal representative controls (Fla. Stat. 733.608). So the personal representative’s sale power is usually not how it gets sold.
  2. The court often decides who owns it. An interested person can ask the court to determine protected homestead status. The court’s order describes the property and names each person entitled to it and their share (Fla. Prob. R. 5.405). In practice, the people named in that order are the ones who sign the deed. Your attorney and title company will confirm who must sign.
  3. A spouse may hold a life estate. If the homestead was not validly left by will and the owner left a spouse and descendants, the spouse gets a life estate and the descendants get the rest. The spouse can instead elect a one-half interest as a tenant in common, but must do so within 6 months after the death (Fla. Stat. 732.401). Either way, selling the whole house means getting both the spouse and the descendants on board.

What if the heirs disagree about selling?

It depends on who holds the power to sell:

  • The will gives a power of sale. The statute does not require heir consent for the personal representative to sell (Fla. Stat. 733.613(2)). Heirs who object can take the dispute to the judge, who rules after a hearing (The Florida Bar).
  • The sale needs court approval. The judge must authorize or confirm the sale, so objections get heard as part of that process (Fla. Stat. 733.613(1)).
  • The heirs already own the house together. This is common with a protected homestead. Any co-owner can file a partition action (Fla. Stat. 64.031). If the court finds it is “heirs property,” co-owners who did not ask for a sale get a chance to buy out those who did, at a court-determined value. If no buyout happens, the court can order the property divided or sold (Fla. Stat. 64.201–64.214).

Lawsuits cost time and money, and no one can promise how a judge will rule.

Do you owe taxes when you sell an inherited house?

Your tax basis in inherited property is generally its fair market value on the date of death. If the estate files an estate tax return (Form 706) and elects it, an alternate valuation date can apply instead. If you sell for more than your basis, you have a taxable gain (IRS).

This “stepped-up” basis is why a sale soon after death often produces little or no taxable gain. Talk to a CPA before you sign.

How All About Real Estate can help

All About Real Estate LLC buys property for cash, as a principal, anywhere in Florida, and has been doing so since 2014. We buy inherited houses as-is, including single-family homes, townhomes, condos, multifamily, vacant land, and commercial property.

  • Written offer usually within 24 hours.
  • Closing in as little as 7 days when the estate is ready to sell. If the sale needs court approval, the closing date depends on the court.
  • If the estate uses AARE’s probate attorney, AARE pays the attorney fees.

Call, text, or WhatsApp (786) 753-8500, 24/7. Se habla español. Our office is at 5347 SW 25th St, Hollywood, FL 33023.

Frequently asked questions

Can I sell an inherited house in Florida before probate is finished?

Often, yes. A personal representative can sell estate real estate during probate. If the will gives a power of sale, no court approval is needed. If it does not, the court must authorize or confirm the sale before title passes (Fla. Stat. 733.613). A protected homestead follows different rules.

How long do creditors have to file claims against a Florida estate?

Generally the later of 3 months after the notice to creditors is first published, or 30 days after a creditor who must be served receives the notice (Fla. Stat. 733.702).

What is the summary administration limit in Florida?

Under the 2026 Florida Statutes, summary administration is available when the estate subject to administration, minus exempt property, is $150,000 or less, or when the person has been dead more than 2 years (Fla. Stat. 735.201). Older guides still list $75,000.

Do I pay income tax when I sell an inherited house?

Only on a gain. Your basis is generally the home's fair market value on the date of death. If you sell for more than that basis, you have a taxable gain, according to the IRS.

What if one heir refuses to sell?

If the personal representative has a power of sale, heir consent is not required by the statute, though heirs can raise disputes with the judge. If heirs own the home together after probate, any co-owner can file a partition action under Chapter 64, which includes a buyout right for some co-owners of heirs property.

Frequently asked questions

Can I sell an inherited house in Florida before probate is finished?

Often, yes. A personal representative can sell estate real estate during probate. If the will gives a power of sale, no court approval is needed. If it does not, the court must authorize or confirm the sale before title passes (Fla. Stat. 733.613). A protected homestead follows different rules.

How long do creditors have to file claims against a Florida estate?

Generally the later of 3 months after the notice to creditors is first published, or 30 days after a creditor who must be served receives the notice (Fla. Stat. 733.702).

What is the summary administration limit in Florida?

Under the 2026 Florida Statutes, summary administration is available when the estate subject to administration, minus exempt property, is $150,000 or less, or when the person has been dead more than 2 years (Fla. Stat. 735.201). Older guides still list $75,000.

Do I pay income tax when I sell an inherited house?

Only on a gain. Your basis is generally the home's fair market value on the date of death. If you sell for more than that basis, you have a taxable gain, according to the IRS.

What if one heir refuses to sell?

If the personal representative has a power of sale, heir consent is not required by the statute, though heirs can raise disputes with the judge. If heirs own the home together after probate, any co-owner can file a partition action under Chapter 64, which includes a buyout right for some co-owners of heirs property.

This article is general information, not legal or tax advice. Talk to a Florida attorney or CPA about your situation.

By Petru Pusta, owner of All About Real Estate LLC. Petru is a licensed Florida real estate broker (BK3293808) with Kariza Capital Realty LLC. All About Real Estate LLC buys property directly as a principal and is not a real estate brokerage.

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Petru Pusta

Petru Pusta is a licensed Florida real estate broker (Lic. BK3293808) and the founder of All About Real Estate LLC, a direct cash home buyer in Hollywood, FL. Since 2014 he has bought distressed and as-is houses across Miami-Dade, Broward and Palm Beach counties, including properties with code violations, municipal liens, tenants, probate and foreclosure issues.