How to Sell an Inherited Property in Florida
Inheriting a house in Florida comes with real decisions and real deadlines. Here is what you need to know.
Does the Property Need to Go Through Probate?
In Florida, if the deceased owned the property in their name alone and did not have a living trust, the home typically must go through probate before it can be sold. Florida probate can take 6–12 months depending on the complexity of the estate. However, if the property was owned jointly with right of survivorship, held in a living trust, or titled with a Lady Bird deed, it may transfer directly to heirs without probate. Consulting a Florida probate attorney is the first step.
What Happens to the Mortgage?
If there is an existing mortgage on the inherited property, payments must continue even while the estate is in probate. Missing payments can trigger foreclosure — even on an inherited home. Federal law (the Garn-St. Germain Act) generally allows heirs to assume or refinance the existing mortgage. If the mortgage balance exceeds the property value, a short sale may be an option.
Understanding the Step-Up in Basis
One of the most important tax benefits of inheriting a Florida home is the stepped-up cost basis. Instead of paying capital gains on the difference between what your loved one paid for the home decades ago and today's sale price, your basis is reset to the fair market value at the date of death. This can save heirs tens of thousands of dollars in capital gains taxes. Always consult a tax professional before selling.
Do You Need to Make Repairs Before Selling?
Not necessarily. If the inherited home needs significant work — old roof, outdated HVAC, deferred maintenance, or storm damage — you have two options. You can invest in repairs to maximize the sale price with a traditional listing, or you can sell the home as-is for cash with no repairs, no showings, and a quick closing. DuPont LLC will show you both numbers so you can decide what makes sense for your situation.
What If There Are Multiple Heirs?
When a property is inherited by multiple family members, all heirs must agree on the sale. Disagreements can delay or complicate the process. In cases where heirs cannot agree, a Florida court can order a partition sale. If all heirs agree to sell, the process is straightforward — Sylvain DuPont has experience working with multiple heirs across different states and can coordinate the process efficiently.
Your Two Options for Selling an Inherited Florida Home
Option 1 is a cash offer — sell as-is, with no repairs, no showings, and close in as little as 7–21 days. This is ideal when the home needs work, when heirs are out of state, or when the estate needs to close quickly. Option 2 is a traditional listing — list on the open market and attract multiple buyers to maximize the sale price. DuPont LLC will give you both numbers side by side so you can make the best decision for your family.
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About the Author
Sylvain DuPont, Licensed Real Estate Broker #BK3065372, is a Certified Distressed Property Expert and Short Sale Specialist with over 22 years of experience and 2,000+ transactions in Southwest Florida. He has helped countless families navigate the sale of inherited properties in Charlotte County and Sarasota County.