Navigating an Inherited Property in Florida: What Families Need to Know

When a family member passes away and leaves real property behind, the last thing most families expect is to find themselves navigating a legal process alongside their grief. But in Florida, real estate almost always has to pass through some form of probate before it can be sold, refinanced, or transferred to heirs — and how that process unfolds has a direct impact on the estate's finances and your timeline.

I work with families and estate representatives throughout Palm Beach County — in Jupiter, Palm Beach Gardens, North Palm Beach, Juno Beach, and the surrounding communities — as a probate real estate specialist. My goal with this guide is simple: to give you a clear, honest picture of what to expect so you can make informed decisions without unnecessary stress or delay.

A note before we begin: this guide is educational and informational in nature. It is not legal advice. Florida probate law is detailed and situation-specific — you'll want an experienced Florida probate attorney guiding the legal side of your case. I handle the real estate side.

What Is Probate — and Does the Property Have to Go Through It?

Probate is the court-supervised legal process of settling a deceased person's estate. It involves validating the will (if there is one), identifying and inventorying assets, notifying and paying creditors, and ultimately distributing what's left to the rightful heirs or beneficiaries.

When it comes to real estate specifically, the key question is: how was the property titled? Not all property automatically requires probate. Assets that typically transfer outside of probate include:

• Property held in a living trust
• Property titled as Joint Tenancy with Right of Survivorship (JTWROS)
• Property titled as Tenancy by the Entirety (for married couples)
• Property with a Lady Bird Deed (Enhanced Life Estate Deed)

Property titled solely in the decedent's name with no survivorship designation almost always must pass through the probate process before it can be sold or transferred — even if there's a will. The will tells the court who inherits; it doesn't bypass the process.

Florida's Two Types of Probate

Florida offers two primary paths through probate, and which one applies to your situation makes a significant difference in time, cost, and complexity.

Factor	Summary Administration	Formal Administration
Eligibility	Non-exempt probate assets of $75,000 or less, or decedent died more than 2 years ago	Required when estate exceeds the summary threshold or is otherwise complex
Personal Representative	Not appointed — no ongoing court supervision	Court-appointed; issues Letters of Administration
Typical Timeline	4–8 weeks in most cases	6 months to 1+ year; varies by complexity
Creditor Process	Simplified; creditors barred if 2+ years have passed	Formal notice to creditors published; 90-day claim window
Court Involvement	Minimal — court issues distribution order	Ongoing supervision throughout the process
Best For	Smaller or older estates; uncontested situations	Larger, more complex, or contested estates

Note on the $75,000 threshold: Florida probate reform legislation passed in 2026 increases the Summary Administration threshold from $75,000 to $150,000 in non-exempt probate assets, effective July 1, 2026. If you are reading this after that date, confirm the current threshold with your probate attorney. The two-year rule remains unchanged.

One important clarification on what counts toward the threshold: the homestead property itself is generally excluded from the calculation. An estate that includes a $400,000 home but only $65,000 in other non-exempt assets could still qualify for Summary Administration. This is a detail many families miss — and missing it can push them into a longer, more expensive process unnecessarily.

The Personal Representative's Role in a Property Sale

In a Formal Administration, the court appoints a Personal Representative — sometimes called an executor in other states. This is typically someone named in the will, or a close family member if there is no will. The court issues Letters of Administration, which are the legal authority document that allows the Personal Representative to act on behalf of the estate.

In a real estate context, the Personal Representative is the person who:

• Signs the listing agreement on behalf of the estate
• Reviews and accepts or rejects offers
• Authorizes repairs, cleanouts, or improvements needed before sale
• Signs closing documents and authorizes distribution of proceeds to heirs

One of the most valuable things I do as a probate real estate specialist is work closely with the Personal Representative and their attorney to make sure the real estate side of the transaction stays in sync with the legal requirements. A misstep in how offers are handled or how the property is marketed can create complications that delay the process — and every month of delay has a real dollar cost to the estate.

Why Probate Real Estate Is Different from a Regular Sale

Beyond the Personal Representative dynamic, several other factors make probate property sales distinct from a standard real estate transaction:

Court authorization may be required to sell. Depending on the authority granted in the will and the type of administration, the Personal Representative may need to obtain court approval before accepting an offer. Some wills grant "full authority" without court confirmation; others require a court hearing. This affects offer timelines and how you communicate with buyers.

The property is often sold as-is. Most estate properties are sold in their current condition. This isn't always a disadvantage — as-is sales are common and well-understood by buyers and agents — but pricing and disclosure preparation need to reflect this accurately.

Multiple heirs may be involved. When several family members have a stake in the estate, reaching consensus on pricing, timing, and offers can be complex. A neutral, experienced professional who keeps everyone informed can prevent disputes from derailing the transaction.

Title and disclosure requirements differ. Probate properties often require additional title work, including determinations of homestead status and liens. Making sure the title is clean before going under contract prevents surprises at closing.

The Carrying Costs Clock: Why Timing Matters

This is the detail that most families don't fully anticipate, and it's one of the most important financial realities of an estate property.

From the moment of death, the property continues to generate ongoing costs — regardless of whether the estate is generating income from it:

• Property taxes — Palm Beach County property taxes continue to accrue; unpaid taxes accumulate interest
• Homeowners insurance — vacant property policies are typically more expensive than standard homeowner coverage, and coverage gaps create risk
• HOA fees — if the property is in a community with an HOA, dues and assessments continue
• Maintenance — lawn care, pest control, and general upkeep don't stop when a home is empty
• Utilities — especially important in South Florida, where humidity and heat require some level of climate control to prevent mold and damage

I advise families to engage a probate real estate specialist as early as possible — not to rush any decisions, but to have a plan ready so that when the court grants authority to sell, the property can go to market immediately. Pre-sale preparation (cleanout coordination, any necessary repairs, pricing strategy, photography) can all happen in parallel with the legal process.

The Stepped-Up Tax Basis Benefit

This is one of the most significant — and frequently misunderstood — financial advantages of inheriting real property. Under current federal tax law, when you inherit property, your tax basis in that property is "stepped up" to the fair market value at the date of the decedent's death.

What that means in practice: if your parent purchased a home in Jupiter 30 years ago for $120,000, and it's now worth $650,000 at the time of death, your basis as the heir is $650,000 — not $120,000. If you sell the property shortly after inheriting it for $650,000, your capital gains tax liability could be minimal or zero.

How I Help Families in Palm Beach County

My background as a paralegal — before I was a REALTOR® — gives me a genuine advantage in probate real estate. I understand how the legal and real estate sides interact, and I know how to work alongside attorneys without creating friction or confusion.

Here's what working with me looks like in practice:

Most importantly: I understand that behind every probate transaction is a family that is grieving and managing something they didn't ask for. My job is to make the real estate side of this as smooth and low-stress as possible — so the family can focus on what matters most.