Selling an Inherited or Probate House in Florida

Inheriting a house usually comes at a hard time. Along with the loss, there's suddenly a property to deal with: a mortgage or taxes still coming due, a lawn to mow, utilities to keep on, maybe belongings to sort through, and often siblings or other relatives who each have a say. This page explains how selling an inherited house generally works in Florida, and how a direct cash sale can take some of the work off your plate.

First step: who has the legal right to sell?

A house that was in the deceased person's name alone usually can't be sold until someone has legal authority to sign the deed. In Florida that is usually settled through probate in the circuit court of the county where the person lived. For our core area that means the Ninth Judicial Circuit (Orange and Osceola), the Eighteenth (Seminole and Brevard), the Fifth (Lake), and the Seventh (Volusia).

Florida has two main types of probate:

• Formal administration. The court appoints a personal representative (Florida's term for an executor). If the will gives the personal representative a power of sale, they can generally sell real estate without a separate court order. If it doesn't, the court typically has to authorize the sale.
• Summary administration. This is a shorter process available when the estate subject to administration (not counting exempt property) is worth $150,000 or less, or when the person has been deceased for more than two years. The $150,000 threshold took effect July 1, 2026; it was $75,000 before.

Some houses skip probate entirely: property held in a living trust, owned jointly with right of survivorship, or passed by a recorded "enhanced life estate" (lady bird) deed. A probate attorney can tell you which situation applies.

Florida homestead rules can change who owns the house

If the house was the deceased person's Florida homestead, special rules apply. When the owner leaves a surviving spouse and children, the spouse generally receives a life estate and the children receive the remainder. Alternatively, the spouse can elect to take a one-half interest as a tenant in common, but that election must be filed within six months of the death. Homestead property is also generally protected from most of the deceased person's creditors. Because these rules affect who has to sign, we always want the title company to review them early.

Creditors and timing

In formal administration, the personal representative publishes a notice to creditors. Most claims must be filed within three months after first publication (or 30 days after a known creditor is served, if later). Many families wait until that window closes before closing on a sale, and a good title company will tell you what is required in your case.

Common problems we see with inherited houses

• Several heirs who don't agree. One sibling wants to keep it, another needs cash now, and a third lives out of state. A clear written offer gives everyone the same number to discuss.
• Deferred maintenance. Older Central Florida homes often need a roof, AC, plumbing or electrical work. A cash buyer can purchase the house as-is.
• A full house. We can buy the property with belongings still inside, so the family only takes what matters to them.
• Back taxes, liens or a reverse mortgage. These are paid off at closing through the title company from the sale proceeds.
• Out-of-town heirs. Closings can usually be done by mail or remote online notarization, so you don't have to fly to Florida.

How a sale to us works

1. Call or submit the property. Tell us where the estate is in the process. It's fine if probate hasn't been opened yet. We're glad to talk early.
2. We review the property and title situation, then give you a written cash offer and explain how we got to it.
3. Your attorney and a licensed title company handle the legal side. Nothing closes until the person with authority to sell signs, and the court approves the sale if approval is required.
4. You choose the closing date. Proceeds go to the estate or heirs as the title company and probate order direct.

We buy inherited houses throughout Florida, with a focus on Orange, Seminole, Lake, Osceola, Volusia and Brevard counties. If the house also needs work, see selling a house as-is. If the property is behind on payments, read about options when facing foreclosure.

Is a cash sale the right choice?

Not always, and we'll be honest about that. If the house is in good shape, the heirs agree, and nobody is in a hurry, listing with a real estate agent may net the estate more money. A direct sale makes the most sense when speed, certainty, condition, or family logistics matter more than squeezing out the last dollar. Many families get our offer and also talk to an agent, and that's a smart way to decide.