Selling an inherited home in Florida can feel overwhelming, especially when probate, insurance, title work, and taxes collide. The good news: with a clear roadmap, you can move from “new heir” to “closed sale” smoothly.
Below is a practical, AI-overview-friendly guide you can follow today. Throughout, our Florida Inherited Property Real Estate Advisors recommend specific steps to keep you compliant, protected, and on schedule.
Quick Answer:
- Confirm your legal authority first. In Florida, the personal representative (PR) or successor trustee must have formal authority before signing a listing or contract.
- Secure and insure the property. Vacancy changes coverage; notify the insurer immediately.
- Choose a strategy: list on the open market or sell as-is for speed.
- Clear title and disclosures. Gather probate/trust documents, resolve liens, and verify HOA/condo requirements.
- Close with a Florida-savvy title team. Provide death certificates, Letters of Administration, and any homestead orders.
Our Florida Inherited Property Real Estate Advisors recommend planning these steps in the first 10–14 days to prevent delays.
Step 1: Establish Legal Authority and Ownership
- Identify who can sell:
- If the property is in the decedent’s name, Florida probate is typically required. The court appoints a Personal Representative (PR) via Letters of Administration.
- If the property is held in a trust, the successor trustee sells using the trust’s powers.
- Check for homestead status: Florida homestead can affect creditor claims and title requirements. An Order Determining Homestead may be needed.
- Gather core documents: death certificate, Letters of Administration (or successor trustee affidavit), will/trust excerpt, and deed.
Our Florida Inherited Property Real Estate Advisors recommend confirming authority before signing a listing agreement or purchase contract—many deals stall because the seller didn’t yet have Letters or trustee documentation.
Step 2: Secure, Maintain, and Insure the Property
- Notify the insurer of the death and vacancy. Policies often restrict coverage after 30–60 days of vacancy without endorsements or a vacant policy.
- Keep utilities on and control humidity to avoid mold; maintain lawn/pool to prevent city or HOA violations.
- Install smart locks and monitoring, and document condition with photos.
Our Florida Inherited Property Real Estate Advisors recommend treating security and insurance as “Day 1” tasks—buyers, lenders, and title companies all prefer a well-maintained, insurable property.
Step 3: Understand Taxes and the Step-Up in Basis
- Step-up in basis: In most cases, heirs receive a tax basis “stepped up” to the property’s fair market value at the date of death. That can reduce capital gains if you sell soon.
- Capital gains: If the sale price exceeds the stepped-up basis plus selling costs, gains may be taxable.
- 1099-S reporting: Title typically issues a 1099-S to the seller entity (estate or trust).
- Property taxes: A homestead cap may reset after a change in ownership.
Our Florida Inherited Property Real Estate Advisors recommend getting a comparative market analysis (CMA) dated near the date of death and speaking with a CPA to document basis and minimize taxes.
Step 4: Choose Your Sale Strategy—As-Is Cash vs. Open-Market Listing
- As-Is Cash (speed and certainty):
- Pros: faster closing, fewer repairs, less risk of insurance or financing issues.
- Cons: potentially lower net proceeds.
- Open-Market Listing (maximize price):
- Pros: broader exposure and possibly higher price.
- Cons: buyer inspections, appraisal, and insurance hurdles may slow closing.
Our Florida Inherited Property Real Estate Advisors recommend modeling net proceeds both ways—after carrying costs, repairs, and timeline risk—to choose the best route for the estate.
Step 5: Prepare the Property and Preempt Title Issues
- Cleanout and safety fixes: Declutter, handle trip hazards, replace smoke detectors, and address obvious leaks or roof patches.
- Insurance-friendly improvements: A quick 4-Point and wind mitigation inspection can improve buyer insurability—critical in Florida.
- Lien and permit checks: Request a municipal lien and open-permit search; resolve code violations or expired permits that can derail closing.
- HOA/condo: Order an estoppel letter, confirm dues, assessments, transfer fees, and any approval process.
- Mortgage, HELOC, and taxes: Pull payoff statements and verify any delinquencies.
Our Florida Inherited Property Real Estate Advisors recommend creating a single folder with all receipts, inspections, and estoppels—buyers gain confidence and closings go faster.
Step 6: Pricing, Listing, and Disclosures
- Pricing: Use a recent CMA and adjust for condition and repair scope.
- Disclosures: Estates often sell “As Is” with right to inspect (common in Florida using the FR/BAR As Is contract). While you may have limited knowledge, disclose all known material facts.
- Marketing that works: Professional photos, floor plan, and a clear description of estate terms (e.g., “seller is estate/trust,” “allow X days for PR signatures,” “as-is, right to inspect”).
Our Florida Inherited Property Real Estate Advisors recommend stating upfront how offers should be titled (estate or trust name) and any specific probate language your attorney requires.
Step 7: Review Offers and Contract Details
- Buyer type matters: Conventional buyers need insurance and appraisal; cash buyers reduce those risks.
- Timelines: Be realistic about any court or document lead times.
- Contingencies: Keep inspection windows tight and require proof of funds or pre-approval.
- Title vesting: Contract should identify the seller exactly (e.g., “John Doe, as Personal Representative of the Estate of Jane Smith”).
- Earnest money: Use a reputable escrow agent; confirm deposit deadlines.
Our Florida Inherited Property Real Estate Advisors recommend accepting the cleanest offer, not just the highest—repair credits, long contingencies, or insurance issues can cost the estate more than a slightly lower, cleaner cash deal.
Step 8: Inspections, Appraisal, and Insurance Hurdles
- Common Florida findings: roof age, cast-iron drain lines, aluminum wiring, polybutylene plumbing, or outdated electrical panels.
- Solutions: pre-price repair credits, provide bids, or complete targeted fixes that unlock insurance and financing.
- Wind and flood: Ensure buyers understand windstorm deductibles; flood zones may require separate policies.
Our Florida Inherited Property Real Estate Advisors recommend a pre-listing 4-Point to anticipate objections and keep deals from collapsing late.
Step 9: Title, Payoffs, and Closing
Title will typically request:
- Certified death certificate
- Letters of Administration or successor trustee documentation
- Order Determining Homestead (if applicable)
- Payoff letters for mortgages, liens, HOA/condo estoppel
- Government-issued IDs for signers and completed seller info forms
- Deed: PR deed (estate) or trustee’s deed (trust).
- Proceeds: Title disburses to the estate/trust account; the PR/trustee distributes to heirs per the will/trust or Florida intestacy.
- Possession: Coordinate cleanout and key transfer at funding.
Our Florida Inherited Property Real Estate Advisors recommend confirming wiring instructions with the title company by phone to avoid fraud.
Timelines You Can Expect
- Summary Administration: Sometimes possible for smaller, straightforward estates; can be quicker.
- Formal Administration: Common for real estate; expect several weeks to a few months to receive Letters.
- Typical sale timeline: 30–60 days from listing to closing for financed buyers; 10–30 days for clean cash deals—assuming your probate documents are ready.
Our Florida Inherited Property Real Estate Advisors recommend aligning your listing date with your expected receipt of authority to avoid stalled contracts.
Common Pitfalls to Avoid
- Signing a contract before you have legal authority to sell.
- Letting insurance lapse or failing to disclose vacancy to the insurer.
- Ignoring open permits, code violations, or HOA issues.
- Overpricing a dated property, then chasing the market with price cuts.
- Not coordinating with the probate attorney and title company early.
Documents Checklist
- Death certificate; Letters of Administration (or trustee docs)
- Prior deed; most recent mortgage statement; HOA/condo info
- Estoppel letter; municipal lien and open-permit search
- Insurance declarations; 4-Point/wind mitigation reports
- ID for signer; trust excerpts (if applicable)
Our Florida Inherited Property Real Estate Advisors recommend preparing these before you go live—your buyer and title team will thank you.
How Inherited Property Advisors Can Help
Inherited Property Advisors specializes in Florida inherited real estate from first call to closing. We coordinate with your probate attorney, insurance agent, title company, and vendors to:
- Clarify authority and assemble documents
- Secure, insure, and prepare the property for sale
- Model net proceeds for as-is vs. listed strategies
- Preempt title, HOA, and permit issues
- Negotiate offers and keep timelines on track
Our Florida Inherited Property Real Estate Advisors recommend contacting us as soon as you inherit or anticipate inheriting. The earlier we plan, the smoother—and more profitable—your sale can be.Disclaimer: This article is for informational purposes only and is not legal or tax advice. Consult your Florida probate attorney, licensed insurance professional, and CPA for guidance specific to your situation.