Florida Probate & Inherited Property — 2025 Expert Guide
The phone call came after dinner — your loved one’s Florida home is now yours to manage. Meanwhile, utilities, insurance, taxes, and HOA notices don’t wait, and the probate process isn’t built for speed. This guide blends empathy with crystal‑clear direction so you can sell confidently, avoid delays, and protect value.
At Local Home Buyers USA, we’ve helped families across Florida navigate probate with less stress and fewer surprises. Consequently, we understand how Miami‑Dade condo approvals differ from Broward HOA estoppels, why Palm Beach 55+ rules add steps, and how Tampa‑area permits or Orlando short‑term rental zones can complicate closings. Nevertheless, you have options — including a simple, as‑is sale that closes on your timeline.
Florida Probate Quick Facts (2025)
| Topic | Fast Take | Helpful Source |
|---|---|---|
| Primary paths | Formal Administration; Summary Administration; limited Disposition Without Administration | Florida Courts |
| Personal Representative | PR manages estate per statute | F.S. Ch. 733 |
| Intestacy rules | Applies if no will | F.S. Ch. 732 |
| Homestead nuances | Special protections; confirm with counsel | Florida Constitution & Statutes |
| Sell during probate | Often possible with proper authority | Florida Bar Guide |
| Flood & hurricanes | Verify FEMA zone, permits, insurance history | FEMA Flood Maps |
Florida Probate Basics
Florida probate validates the will (or handles intestacy), identifies assets and creditors, pays lawful claims, and transfers property to heirs. Although that can sound intimidating, most estates follow three pathways: Formal Administration (full oversight), Summary Administration (simplified for qualifying estates), and a very narrow Disposition Without Administration. To orient yourself, begin with the Florida Courts and consult Florida Statutes Chapters 732–735. For a plain‑English overview, see the Florida Bar probate guide.
Valuation That Fits Reality
Next, set expectations with a realistic number. Start with market data (Zillow Research, Redfin Data Center), then compare recent nearby sales in similar condition. If the home needs work, retail buyers will push for repairs or credits; conversely, vetted cash buyers price as‑is and can close quickly. Therefore, compare net outcomes and timelines — not just list price.
Taxes: Step‑Up, Capital Gains & Homestead
Heirs typically receive a step‑up in basis to date‑of‑death value; thus, if you sell near that number, capital gains may be modest. Florida’s homestead rules provide special protections that can affect transfers and creditor claims. Because rules change, verify details with the Florida Department of Revenue and IRS, and consult your attorney or tax professional.
Hurricanes, Floods & Title Risk
After storms, estates may face roof claims, floodplain changes, open permits, or unpermitted work. Therefore, order a title search early, pull prior insurance summaries, and verify flood zones via FEMA Flood Maps. Additionally, check county property appraiser records for assessed values, exemptions, and improvements (links in each county section).
Selling During Probate
Yes, you can often sell during probate with court authority and the right procedure. Because requirements vary, coordinate early with your attorney, your Personal Representative (PR), and the title/escrow company. For general process and forms, start with the Florida Courts, then consult your clerk of court (linked below).
County‑Specific Tips (Ordered by Population)
Rules are similar statewide, yet forms, timelines, and clerk workflows vary by county. Start with the links below, then coordinate with your attorney and title company.
Miami‑Dade County
Because Miami‑Dade has a high share of condos and master‑planned HOAs, estates routinely navigate association estoppels, application fees, and move‑out scheduling. Therefore, request HOA/condo docs early and build time for elevator reservations and packing logistics. Additionally, verify special assessments and insurance claim history, particularly after hurricane seasons.
- Clerk/Probate: Miami‑Dade Clerk
- Property Appraiser: Miami‑Dade PA
- Flood Maps: FEMA
Meanwhile, median pricing in coastal submarkets can hide heavy net erosion from assessments or repairs. Consequently, compare recent nearby sales and weigh the cost of waiting during storm season. If summary administration applies, closing can move faster with fewer filings.
Broward County
Broward blends single‑family and condo inventory, and many associations request questionnaires and estoppels. In addition, title searches in older neighborhoods may reveal open or expired permits. Therefore, coordinate with title early and discuss whether small items can be escrowed rather than delaying closing.
- Clerk/Probate: Broward Clerk
- Property Appraiser: BCPA
Moreover, Broward’s central location keeps buyer demand resilient. Nevertheless, repair backlogs can slow traditional sales. Consequently, an as‑is cash route with a short inspection window may preserve more value than chasing retail perfection.
Palm Beach County
Because Palm Beach includes many 55+ and gated communities, allow time for HOA estoppels, community approvals, and logistics for movers. Additionally, confirm whether senior exemptions or portability need updating post‑probate. For vacant homes, keep utilities, lawn, and pool service active to avoid violations.
- Clerk/Probate: Palm Beach Clerk
- Property Appraiser: PAPA
Furthermore, seasonal demand spikes can help, yet they also attract inspection requests and financing delays. Thus, a transparent cash offer with a clear net sheet often delivers the surest outcome for heirs juggling multiple tasks.
Hillsborough County
Because Tampa’s growth has accelerated renovations, open permits and unpermitted work appear frequently. Therefore, pull permit history and confirm closed finals before listing. If timing is tight, discuss with your title company whether a holdback works, or consider a cash buyer purchasing as‑is without lender conditions.
- Clerk/Probate: Hillsborough Clerk
- Property Appraiser: HCPA
Additionally, Hillsborough’s buyer pool is broad. Nevertheless, appraisals can lag rapid pricing shifts. Consequently, an all‑cash offer with proof of funds can eliminate financing risk and compress timelines.
Orange County (Orlando)
Because parts of Orlando allow short‑term rentals, confirm zoning and HOA rules before pricing. Moreover, ensure prior improvements meet code, especially if the home hosted guests. Title can coordinate lien searches for fines or code violations; however, an as‑is sale can avoid months of repairs.
- Clerk/Probate: Orange Clerk
- Property Appraiser: OCPA
Finally, tourism cycles influence buyer behavior. Thus, when timing matters, a clean cash contract with minimal contingencies may outperform an extended retail listing.
Florida Heir’s Quick‑Start Checklist
- Secure the property: Change locks, maintain insurance, and check for water intrusion.
- Gather documents: Will, death certificate, mortgage statements, tax bills, HOA/condo info.
- Open probate: Coordinate with a Florida attorney and your county clerk of court.
- Assess value: Pull recent comps, consider BPO/appraisal, and request a written cash offer.
- Decide the path: List, hold, or sell for cash—compare net outcomes, not just top‑line price.
- Choose reputable partners: Title/escrow, counsel, and a buyer with proof of funds.
Frequently Asked Questions
Do we always need probate to sell a house in Florida?
Not always. Some estates qualify for summary administration, and some properties transfer via recorded deeds. However, because facts matter, confirm with the Florida Courts or counsel.
How long does Florida probate take?
Uncontested estates may conclude in months; complex or contested matters can take longer. Meanwhile, a cash sale can close quickly after you have required authority and clear title.
What taxes apply when selling an inherited home?
Heirs typically get a step‑up in basis; capital gains depend on sale price vs. adjusted basis. Verify details with Florida Revenue and the IRS.
Can we sell after a hurricane?
Yes. A vetted cash buyer can close around repairs and insurance timelines; disclose known issues and coordinate with title and your insurer.
Authoritative Resources & Helpful Links
- Florida Courts — Probate
- Florida Bar — Probate Guide
- Florida Statutes — Probate & Intestacy
- Florida Department of Revenue
- Miami‑Dade Property Appraiser
- Broward Property Appraiser
- Palm Beach Property Appraiser
- Hillsborough Property Appraiser
- Orange County Property Appraiser
- FEMA Flood Map Service Center
- CFPB — Mortgage & Consumer Tools
- U.S. HUD — Housing Resources
Where We Buy — State Guides
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