Inheriting a home in Florida often comes with questions about what to do next. Whether the property was left to you through a will, a trust, or intestate succession, selling it involves specific steps that differ from a standard home sale.
The first step is establishing legal authority to sell. If the property is held in a trust, the successor trustee can list and sell it directly. If the property must go through probate, the personal representative (executor) needs letters of administration from the court before listing. This process typically takes 30-90 days in Florida.
Common Challenges With Inherited Properties
Many inherited homes in Central Florida need work. The previous owner may have deferred maintenance, or the home may have been vacant for months. Deciding whether to invest in repairs before selling or sell as-is depends on the numbers — and that starts with a clear market analysis.
At Sloan Properties, we help families across Orange County navigate inherited property sales. We provide an honest assessment of the home’s current value, what repairs (if any) would increase the net proceeds, and how to get the property market-ready efficiently.
Title issues are another common challenge. Liens, unpaid property taxes, or unclear ownership can delay closing. A title search early in the process identifies these issues before they become problems.
Frequently Asked Questions
Do I have to pay capital gains tax on an inherited home?
Inherited property receives a stepped-up tax basis to the fair market value at the date of death. If you sell shortly after inheriting, you may owe little or no capital gains tax. The longer you hold the property, the more potential gain accumulates. Consult a tax professional for your specific situation.
Can I sell the home before probate is complete?
In most cases, no. The personal representative needs court authority to sell. However, you can begin preparing the home for sale during probate so it is ready to list as soon as authority is granted.
What if multiple heirs disagree about selling?
If heirs cannot agree, any co-owner can file a partition action in court to force a sale. This is costly and time-consuming, so negotiation is usually the better path.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
