Quick answer: Yes, an inherited Florida home can be sold, but first someone must have the legal authority to sign, and that depends on how title was held, whether the will gives the personal representative a power of sale, and whether the house is protected homestead. With a power of sale in the will, the personal representative can sell without court approval; without one, no title passes until the court authorizes or confirms the sale (s. 733.613). Heirs generally take a tax basis equal to the home's fair market value at the date of death (IRC 1014), and Florida has no estate tax for deaths after December 31, 2004. Since July 1, 2026, the summary administration limit is $150,000, up from $75,000, though I could not confirm whether it applies to earlier deaths. Confirm each point with a Florida probate attorney and a CPA before you list.
If a parent or relative left you a house in Port St. Lucie, Stuart or Vero Beach, you likely have three questions: can I sell it, who signs, and what will I owe? Probate rules decide who can sell, homestead rules can decide who owns the house, and tax rules decide what the sale costs.
Does an inherited house have to go through probate in Florida?
It depends on how title was held. The Florida Bar's consumer pamphlet calls probate "a court-supervised process for identifying and gathering the assets of a deceased person." Real estate in the decedent's sole name, or held as tenants in common, is a probate asset unless it is homestead property; joint tenancy with right of survivorship and tenancy by the entirety pass outside probate.
In probate, a personal representative (sometimes called the executor) administers the estate. The Bar says a personal representative "should always engage a qualified attorney," that creditors who receive notice generally have three months to file claims, that a simple estate typically takes five to six months, and that selling real estate can lengthen the process. Those are general descriptions, not your estate's timeline.
Formal or summary administration: what changed on July 1, 2026
Summary administration (s. 735.201) is the alternative to formal administration under chapter 733. It is available when the will, if any, does not direct administration under chapter 733 and either "the value of the entire estate subject to administration in this state," less property exempt from creditors' claims, does not exceed $150,000, or the decedent has been dead more than 2 years.
The $150,000 is new; the 2025 edition said $75,000. CS/HB 1337 (chapter 2026-57), approved April 29, 2026, took effect July 1, 2026. I could not confirm whether the new limit applies to deaths before that date, and the Florida Bar pamphlet, updated January 2021, still says $75,000. Hypothetically, a parent leaves a non-homestead condo worth $140,000 and a $5,000 sole-name account, $145,000 in all: under the 2026 limit, over the 2025 one. Whether that turns on the date of death or the filing date is a question for a probate attorney.
Can the personal representative sell the house without court approval?
If the will gives a specific power to sell real property or a general power to sell estate assets, the personal representative may sell without court authorization or confirmation, and the sale "need not be justified by a showing of necessity" (s. 733.613(2)). With no will, or no power of sale or one too limited, the personal representative may still sell, but "No title shall pass until the court authorizes or confirms the sale" (s. 733.613(1)). In a sale under a specific power in the will to sell real property, or under a court order authorizing or confirming the sale, the buyer takes title free of estate creditors' claims and beneficiaries' entitlements, "except existing mortgages or other liens against real property are not affected" (s. 733.613(3)), so ask the attorney about any lien. When the court must approve the sale, I will build the contract timeline around that step and disclose it to buyers up front.
Protected homestead: when the will does not decide
The Florida Constitution makes a homestead "exempt from forced sale," with exceptions such as taxes and purchase or repair obligations, and says "These exemptions shall inure to the surviving spouse or heirs of the owner" (Art. X, s. 4(a) and (b)). Estate assets exclude "the protected homestead" (s. 733.608(1)), though if no one with an interest in it lives there, the personal representative may, but need not, take possession to preserve, insure and protect it while its status is determined (s. 733.608(2)).
The homestead "shall not be subject to devise if the owner is survived by spouse or minor child," except that it may go to the spouse if there is no minor child (Art. X, s. 4(c); s. 732.4015(1)). If it was not validly devised and the owner leaves a spouse and descendants, s. 732.401 gives the spouse a life estate and the descendants the remainder, unless the spouse elects, by recording a sworn notice in the county's official records within 6 months after the death, to take an undivided one-half interest as a tenant in common, with the other half to the descendants. The election is irrevocable, and s. 732.401 does not apply to tenancy by the entirety or joint tenancy with right of survivorship.
Hypothetically, an owner dies leaving a spouse and two adult children, with the home in the owner's sole name and a will leaving it to the children (assuming no spousal homestead waiver, which I did not research). The will cannot do that, so s. 732.401 decides:
| Path | Spouse | Each child |
|---|---|---|
| No election | Life estate | Half of the remainder |
| Spouse records the election within 6 months | One-half as tenant in common | One-quarter as tenant in common (1/2 x 1/2) |
I did not find a primary source on whether a personal representative may sell protected homestead, or the steps heirs use to sell it, so that is the first question for your attorney.
Do you pay capital gains tax on an inherited house?
Only if you sell for more than your basis, and inherited property generally gets a new one. Under IRC 1014, basis is "the fair market value of the property at the date of the decedent's death," or an elected alternate valuation date. The IRS says that holds "whether or not the executor of the estate files an estate tax return"; for the value, "contact the executor." Under IRC 1223(9), inherited property with a section 1014 basis sold within a year of death is treated as held more than 1 year, so the gain is long-term. There are exceptions, so let your CPA confirm the basis.
| Hypothetical line | Amount |
|---|---|
| Parent's purchase price, 1995 | $90,000 |
| Appraised fair market value at death, March 1, 2026 (the heirs' basis) | $400,000 |
| Sale price, October 2026 | $450,000 |
| Selling costs (assumed total: commission, deed stamps and other costs) | $31,500 |
| Amount realized: $450,000 minus $31,500 | $418,500 |
| Gain with stepped-up basis: $418,500 minus $400,000 | $18,500 |
| Each of two children's share: $18,500 / 2 | $9,250 |
| For comparison, gain on the parent's $90,000 basis: $418,500 minus $90,000 | $328,500 |
Each child's $9,250 gain is long-term, though they sold seven months after the death. My guide to what it costs to sell a home in Florida covers those costs. I did not find an IRS source saying directly whether an heir can use the separate exclusion for selling your own principal residence, and a surviving spouse who co-owned the home should not assume this example applies; both are CPA questions.
Is there a Florida estate tax?
No. The Florida Department of Revenue says "A federal change eliminated Florida's estate tax on people who died after December 31, 2004." The IRS puts the 2026 federal basic exclusion amount at $15,000,000, up from $13,990,000 for 2025 deaths. I did not research federal filing rules, so ask the CPA whether a return is needed.
Do property taxes go up after the owner dies?
Florida treats "any sale, foreclosure, or transfer of legal title or beneficial title in equity to any person" as a change of ownership, and the home is reassessed at just value as of January 1 of the next year (s. 193.155(3)(a)). Exceptions include transfers to a surviving spouse, transfers by operation of law to a surviving spouse or minor children under s. 732.401, and, at the owner's death, a transfer to a permanent resident legally or naturally dependent on the owner.
The St. Lucie County Property Appraiser says "the decedent's exemptions and cap is removed at the end of the year," and that a new owner must file for their own homestead exemption. A surviving spouse, or a dependent who lived there, may keep the cap by filing. For Martin and Indian River homes, ask that county's property appraiser; I found no Indian River page on this. The decedent's bill is not the one a buyer will pay, as my post on why the buyer's tax bill differs explains.
Can out-of-state heirs sign remotely?
Generally yes, before a Florida online notary acting under chapter 117. Section 117.209(3) lets an online notary "physically located in this state" notarize "regardless of whether the principal or any witnesses are physically located in this state." A Florida deed needs two subscribing witnesses (s. 689.01(1)), who may witness by "audio-video communication technology" (s. 689.01(2)).
What usually happens before an inherited house can be listed
- Find the deed and the will. Title decides whether there is probate; the will decides whether there is a power of sale.
- Hire a Florida probate attorney. Ask which administration fits and, for a death before July 1, 2026, which limit applies.
- Settle the homestead question. If a spouse or minor child survives, the will may not control, and a surviving spouse may have 6 months to elect.
- Confirm who signs. A personal representative with a power of sale, one who needs the court to authorize or confirm the sale, or, for protected homestead, whoever your attorney identifies.
- Protect the house. Keep it secured and insured; ask a licensed insurance agent about coverage while it is vacant.
- Get the date-of-death value, the heirs' starting basis, from the personal representative.
- Call the property appraiser about the exemption and the cap.
- Then price and list. I will pull the closed sales your buyers will compare the house to and set the schedule around any court step.
What I could not confirm
The constitutional text is from a secondary copy, because the Senate's page would not load that far, and I did not verify whether a loss on an inherited home is deductible. I found no Florida statute using the terms "lady bird deed" or "enhanced life estate," or a primary source on how a deed that kept a life estate passes at death, so bring any such deed to your attorney. A Florida probate attorney answers the legal questions; a CPA answers the tax ones.
If you are the personal representative or an heir, get the attorney's answer on who signs first. Then call me, and I will plan the sale around the estate's timeline.
More for Treasure Coast sellers: my guides on why a Port St. Lucie house is not selling, what Florida sellers must disclose, selling a home with an old roof, homestead portability, capital gains when you sell your home and whether to sell first or buy first.
Questions sellers ask about selling an inherited home in Florida
Can the personal representative sell the house without court approval?
Yes, if the will gives a power to sell real property or a general power to sell estate assets (s. 733.613(2)). Otherwise the personal representative may still sell, but no title passes until the court authorizes or confirms the sale (s. 733.613(1)). This covers estate property; protected homestead is not an estate asset (s. 733.608(1)), so if the house may be protected homestead, ask a Florida probate attorney who can sign.
Is Florida summary administration still limited to $75,000?
No. Since July 1, 2026, s. 735.201 uses $150,000 for the Florida estate subject to administration, less property exempt from creditors' claims, or applies when the decedent has been dead more than 2 years. Whether the new limit covers deaths before July 1, 2026 was not confirmed, so ask a probate attorney.
Can a parent leave a Florida homestead to the children if a spouse survives?
Generally no, assuming no spousal homestead waiver, a topic I did not research, so ask a probate attorney. Under Art. X, s. 4(c) and s. 732.4015, a homestead owner survived by a spouse or minor child can leave it only to the spouse, and only if there is no minor child. If it is not validly left by will and the owner leaves a spouse and descendants, s. 732.401 gives the spouse a life estate, or one-half as a tenant in common if the spouse elects it within 6 months of the death.
Do I pay capital gains tax when I sell an inherited house?
Only if you sell for more than your basis, which is generally the home's fair market value at the date of death under IRC 1014, whether or not an estate tax return is filed. A sale within a year of death is still treated as long-term (IRC 1223(9)).
Does Florida have an estate tax?
No. The Florida Department of Revenue says Florida's estate tax was eliminated for people who died after December 31, 2004. The federal basic exclusion amount for 2026 deaths is $15,000,000.
Will the property taxes go up after the owner dies?
They can. A transfer of title is a change of ownership, and the home is reassessed at just value as of the next January 1 unless an exception applies, such as a transfer to a surviving spouse (s. 193.155(3)). The St. Lucie County Property Appraiser says the decedent's exemptions and cap are removed at the end of the year.
Talk with William. Inherited a house on the Treasure Coast? Send me the address and, once your attorney has confirmed it, who has authority to sign (a text is fine). I will pull the closed sales buyers will compare it to, estimate the selling costs for the estate's records, and lay out a listing plan that fits the probate timeline. Call or text (772) 800-2274 or send a message.
General information, not legal, tax, lending or insurance advice, and not a guarantee of any sale, price or timeline. Whether the $150,000 summary administration limit applies to deaths before July 1, 2026 was not confirmed, the constitutional text is from a secondary copy, and the rules for selling protected homestead and for deeds that keep a life estate were not verified; confirm them with a Florida probate attorney, and confirm basis and tax questions with a CPA. Statute, rule and market references are as reviewed on October 24, 2026. William Merchant, REALTOR®, RE/MAX Gold. Each RE/MAX office is independently owned and operated. Equal Housing Opportunity.
Sources
- Florida Statutes 735.201 (2026), summary administration
- Florida Statutes 735.201 (2025), summary administration, prior $75,000 figure
- Florida Senate: CS/HB 1337 (2026), Estates, chapter 2026-57, approved April 29, 2026, effective July 1, 2026
- Florida Statutes 733.613 (2026), personal representative's sale of real property
- Florida Statutes 733.608 (2026), estate assets and protected homestead
- Florida Statutes 732.4015 (2025), devise restrictions on homestead
- Florida Statutes 732.401 (2026), descent of homestead
- Florida Statutes 193.155 (2026), homestead assessments and change of ownership
- Florida Statutes 117.209 (2026), remote online notarization
- Florida Statutes 689.01 (2025), conveyances and witnesses
- 26 U.S.C. 1014, Basis of property acquired from a decedent (Cornell LII)
- 26 U.S.C. 1223, Holding period of property (Cornell LII)
- IRS: Gifts and inheritances FAQ (updated September 29, 2026)
- IRS: One Big Beautiful Bill provisions, individuals and workers, estate tax basic exclusion (updated August 27, 2026)
- Florida Department of Revenue: Florida estate tax (undated)
- St. Lucie County Property Appraiser: FAQ on exemptions after an owner's death (undated)
- The Florida Bar: Probate in Florida, consumer pamphlet (updated January 2021)
- Florida Constitution, Art. X, s. 4, homestead (USF FCIT copy, secondary; page footer 2005, last amendment shown 1998)
