August 20, 2025
By: Dana M. Fragkais, Esq.
Inheriting property in Florida can be both a blessing and a challenge. If you’ve recently received a home or land from a loved one and are considering selling it, it’s essential to understand the legal steps involved. Florida’s probate laws govern how property is transferred after death, and these rules can vary depending on the type of property and the circumstances surrounding the inheritance.
What Is Probate and How Does It Affect Real Estate?
Probate is the legal process through which a deceased person’s estate is administered. In Florida, real estate typically cannot be transferred to heirs without going through probate. This process involves validating the deceased’s will, if one exists, and appointing a personal representative to manage the estate’s assets, including real property. The personal representative is responsible for ensuring that the property is properly maintained and that any debts or taxes are paid before the property is distributed or sold.
Types of Probate in Florida
Florida law provides several probate procedures, each with its own requirements and timelines:
- Summary Administration: This expedited process is available for estates valued under $75,000 or when the decedent has been deceased for more than two years. It typically takes two to three months to complete.
- Formal Administration: Required for larger estates, this process is more detailed and can take at least six months. The personal representative oversees the property during this period.
- Ancillary Probate: If the decedent was a non-resident owning property in Florida, ancillary probate is necessary to transfer the Florida property to the heirs.
Special Considerations for Homestead Property
In Florida, homestead property—the primary residence of the decedent—has unique protections under the state constitution. If the decedent was survived by a spouse or minor child, the homestead property cannot be left to someone else through a will. Instead, it passes directly to the surviving spouse or children, subject to certain conditions. A court proceeding called a “Petition to Determine Homestead Status” may be required to confirm this transfer.
Steps to Selling Inherited Property
Selling inherited property in Florida involves several steps:
- Obtain Letters of Administration: These court documents officially appoint the personal representative and grant authority to act on behalf of the estate.
- Determine Authority to Sell: Review the will to see if it grants the personal representative the authority to sell property. If not, petition the court for approval.
- List the Property for Sale: Work with a real estate agent experienced in probate sales to market the property effectively.
- Accept an Offer and Close: Once an offer is accepted, the personal representative signs all necessary documents on behalf of the estate.
- Distribute Proceeds: After selling the property, the proceeds become part of the estate and are distributed to beneficiaries after debts and expenses are paid.
Tax Implications of Inheriting Property
Understanding the tax consequences of inheriting property is crucial:
- No Inheritance Tax: Florida does not impose an inheritance tax.
- Property Tax Reassessment: Upon inheritance, the county property appraiser may reassess the property’s value.
- Stepped-Up Basis: The property’s basis is adjusted to its fair market value at the date of death, potentially reducing capital gains taxes if sold.
- Estate Tax: Federal estate tax may apply if the estate’s value exceeds the exemption amount.
How a Probate Attorney Can Assist
Navigating the complexities of probate and property sales can be challenging. A knowledgeable probate attorney can provide valuable assistance by:
- Guiding you through the probate process and ensuring compliance with Florida laws.
- Assisting in obtaining necessary court approvals for property sales.
- Addressing any disputes among heirs or beneficiaries.
- Helping manage tax implications related to the inheritance and sale.
If you’ve inherited property in Florida and are considering selling, consulting with a probate attorney can help ensure a smooth and legally compliant process.
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This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.