Selling · Insights

Selling an Inherited House in Florida

By Arthur Simpson — Florida Attorney, Broker & CIPS

Selling a home you inherited comes with extra steps — probate, title, and taxes — but Florida law is actually favorable to heirs. Here's the plain-English path, and where an attorney-broker family helps.

Probate usually comes first

In Florida, inherited real estate typically must pass through probate before it can be sold. Smaller estates may qualify for summary administration (often a few months); larger ones use formal administration (commonly six months or more). The right path depends on the estate.

The big tax advantage: stepped-up basis

Inherited property gets a stepped-up basis to its value at the date of death. If you sell near that value, there's often little or no capital gains tax — gains are measured only from the date-of-death value, not what the original owner paid.

Florida's favorable rules

Florida has no state estate or inheritance tax, and no state income tax, so there's no state-level capital gains tax. You'll still record a deed (documentary stamp tax of about $0.70 per $100 applies), and federal tax rules still apply.

How we make it simple

We coordinate the sale — pricing, listing, title, and closing — while the probate and tax work is handled by our founder's law firm, Cornerstone Wealth & Legacy Law, or your CPA. One trusted family, both sides handled. Talk to us about an inherited home →

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Frequently asked questions

Do I have to go through probate to sell an inherited house in Florida?
Usually yes — inherited real estate typically must pass through probate before sale. Smaller estates may use summary administration (often a few months); larger estates use formal administration (commonly six months or more).
Will I owe capital gains tax on an inherited home in Florida?
Often little or none, thanks to the stepped-up basis: the home's cost basis resets to its date-of-death value. You're taxed only on appreciation after that. Florida has no state income or capital gains tax. Consult a CPA for your situation.
Does Florida have an inheritance or estate tax?
No. Florida has no state inheritance tax and no state estate tax, which is one reason it's favorable for heirs. Federal estate tax applies only to very large estates.
Can you help sell a house that's still in probate?
Yes. We coordinate the sale while the legal probate work is handled separately by our founder's law firm or your attorney/CPA — so an inherited-home sale is handled start to finish.

Keep reading: How Much Does It Cost to Sell a House in Florida? · Florida Homestead Exemption: How to Lower Your Property Taxes · Buying a Beachside Home in Volusia County: What to Know · All insights →

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About the author — Arthur Simpson

Arthur is a Florida attorney, licensed real estate broker, and Certified International Property Specialist (CIPS), and a member of the Real Property and International Law Sections of The Florida Bar. He founded Simpson & Simpson Realty to give Volusia & Flagler families — and buyers from around the world — a brokerage with a real estate attorney's eye on every deal. Meet Arthur & the family →