Do I need probate to sell an inherited house in Florida?

It depends on how the property was owned. Property held jointly with right of survivorship, as tenants by the entirety, in a trust or under an enhanced life estate deed can often pass without probate. Property titled in the deceased person's name alone usually needs a probate proceeding before it can be sold with title insurance.

What changed in Florida summary administration in 2026?

Effective July 1, 2026, the value limit for summary administration rose from $75,000 to $150,000, not counting exempt property such as protected homestead. Summary administration remains available regardless of value if the person died more than two years ago.

What is protected homestead?

A Florida resident's primary home that is protected from most creditors when it passes to heirs. Title companies commonly require a court order determining homestead status before insuring a sale, so the property's status can be relied on.

How long does probate take before I can sell?

It varies. Formal administration includes a creditor claim period that ends three months after the first publication of the notice to creditors, and a sale may need court approval or authority in the will. Summary administration is usually faster.

What does the title company need to close a sale by heirs?

Typically the death certificate, the will if there is one, letters of administration or an order of summary administration, any order determining homestead, and signatures from everyone who now holds an interest in the property.

Selling an Inherited Home in Florida

Selling a home you inherited is different from an ordinary sale. Before a title company can insure the buyer, it needs to know exactly who owns the property now and who has the authority to sell it. That depends on how the property was owned and on Florida's probate and homestead rules.

This is general information, not legal advice. Probate is a court process, and you should work with a Florida probate attorney.

Step 1: Find Out How the Property Was Owned

How title was held	What usually happens
Joint tenants with right of survivorship	The surviving owner becomes the owner. A death certificate is usually recorded.
Tenants by the entirety (married couple)	The surviving spouse becomes the owner. A death certificate is usually recorded.
In a living trust	The successor trustee can usually sell under the trust's terms.
Enhanced life estate deed (lady bird deed)	The named beneficiaries take ownership without probate.
In the deceased person's name alone	A probate proceeding is usually needed before the home can be sold with title insurance.

Your title company can pull the current deed to show how the property is titled.

Step 2: Understand the Type of Probate

Florida has two main types of probate administration.

Summary administration

A shorter process without appointing a personal representative. It is available when:

The value of the estate subject to administration, not counting exempt property such as protected homestead, does not exceed the limit, or
The person died more than two years ago

Effective July 1, 2026, Florida raised the summary administration limit from $75,000 to $150,000. Ask your attorney whether the new limit applies to your case.

Formal administration

The court appoints a personal representative, who receives letters of administration. Notice to creditors is published, and creditors generally have three months from the first publication to file claims. The personal representative may need court approval to sell unless the will gives a power of sale.

Step 3: Check Homestead Status

If the home was the deceased person's Florida homestead, special rules apply:

Protected homestead generally passes to heirs free of most creditor claims.
If the person was survived by a spouse or minor child, the Florida Constitution limits how the home could be left by will.
Title companies commonly require a court order determining homestead status before insuring a sale.

These rules are a common source of delay, so raise homestead questions with your attorney early.

Step 4: Line Up Everyone Who Must Sign

Every person who now holds an interest in the property, or the personal representative with authority, must sign the deed. If heirs live out of state, they can sign by mail-away closing or remote online notarization. Florida deeds require two witnesses and a notary.

What the Title Company Will Ask For

Death certificate
The will, if there is one
Letters of administration or an order of summary administration
Any order determining homestead
Court approval of the sale, if required
Payoff information for any mortgage on the property
Signatures from all heirs or the personal representative

Taxes and Costs to Know

The seller's usual costs still apply, such as documentary stamp tax on the deed and the owner's title policy in Central Florida. Property taxes are prorated to the closing date. Ask a tax professional about income tax on the sale. Florida has no state estate tax or personal income tax.

Selling an Inherited Home With Title Warehouses of America

We work with heirs, personal representatives and probate attorneys across Florida. Call us at (888) 354-8005 to review the title before you list, so there are no surprises once you have a buyer.