Probate is how the home legally transfers
When someone dies owning Florida real estate, title usually passes through probate under the Florida Probate Code (Chapters 731–735). The court appoints a personal representative (executor) who administers the estate. Until that's done, no one can cleanly sell or transfer the home.
The personal representative's authority
The personal representative generally has the right to take possession of and manage estate property (Fla. Stat. § 733.607) and, with the proper authority, to sell estate real property to pay debts or distribute the estate (Fla. Stat. § 733.613). If you're an heir but not the personal representative, the sale runs through that person and the court.
Florida homestead is special
A Florida homestead passes outside the normal probate estate and carries unique protections under the Florida Constitution (Art. X, § 4) — including protection from forced sale by most creditors and rules on who can inherit it (Fla. Stat. § 732.401). Homestead can also restrict how the home is left if there's a surviving spouse or minor child. This is one of the most misunderstood areas of Florida law — worth an attorney's eyes.
If there's no will
When there's no will, Florida's intestate-succession rules (Chapter 732) decide who inherits. Spouses and children come first, in shares the statute sets.
Selling an inherited home
Once the estate has authority to sell, the home can be sold like any other — and you don't have to fix it, clean it out, or list it. We buy inherited homes as-is and coordinate with the estate's attorney and the title company. See selling an inherited house in Florida, and the tax considerations if back taxes are owed.
A note from Chris: I’m Chris Moore, and I’m not a lawyer — this is not legal advice. It’s general information my team researched from the official sources cited on this page (the Florida Statutes and the references listed below), and laws change. For help with a specific legal matter you should talk to a licensed attorney. Need a good one? Reach out to me here and I’ll gladly share my references.
Frequently Asked Questions
Can I sell an inherited Florida house before probate is finished?
Usually the sale closes once the personal representative has authority from the court (§ 733.607; § 733.613). We coordinate with the estate's attorney on timing.
What is Florida homestead and why does it matter?
Homestead property has constitutional protections (Art. X, § 4) and special inheritance rules (§ 732.401). It can affect who inherits and how the home can be sold.
What if there's no will?
Florida's intestate-succession statutes (Chapter 732) determine the heirs, generally favoring spouse and children.
Do I owe tax when I sell an inherited home?
Florida has no estate or inheritance tax, and inherited property usually gets a stepped-up basis, but specifics vary — ask a CPA. See our inherited-house guide.