Brevard County · Selling
Selling after losing a spouse in Brevard County
Who can sign now, and one step at a time, at your pace.
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We are so sorry for your loss. Losing your husband or wife changes everything, and the home you shared holds so much of that life. If you are here, you may be wondering whether you can stay, whether you should sell, or who even has the right to sign. Those are heavy questions to face while you are grieving.
Please be gentle with yourself. There is rarely a reason to decide quickly, and nothing on this page needs to happen today. Some people sell within months; others wait a year or more. Both are okay. Grief can make paperwork feel impossible, and it is fine to ask a trusted person to help you read and keep track.
When you feel ready, the path is clear and can be taken one small step at a time. It starts with one question: how was the home owned? The answer tells you who can sign now and whether the court needs to be involved. Below we explain that in plain words, along with tax rules that were written with surviving spouses in mind.
What’s different for you
- Find out who can sign now. If the home was in your spouse’s name, the estate may need probate first.
- Get help if probate applies. A Florida probate attorney explains which kind applies.
- Go at your pace. One step at a time.
When you start in CloseHive from this page, your plan already includes these steps, along with the usual ones for selling in Brevard County. You always see what to do next, and your agent handles the how.
What to know
Start with how the deed was written
Your deed shows how you and your spouse owned the home. The Florida Bar explains that property owned by spouses as tenants by the entirety, a common way married couples hold title, is not a probate asset when the first spouse dies. Property held jointly with right of survivorship is also not a probate asset. In those cases the home usually belongs to you now, and probate may not be needed to sell it. Your title company tells you which papers it needs to show the change.
If the home was in your spouse's name alone
Then the home may need to go through probate, the court process that settles an estate. The court appoints a personal representative, the person in charge of the estate, and The Florida Bar says that person should always work with a qualified attorney. If a will exists, bring it to that attorney.
Florida has a shorter probate for some estates
Florida law allows summary administration, a shorter process, when the estate subject to administration in Florida, minus property exempt from creditors, is not more than $75,000, or when the person has been gone more than 2 years. Larger estates use formal administration. In formal administration, creditors who get notice have three months to file a claim, so even a simple estate usually stays open at least that long.
Special rules protect a homestead
If the home was your shared Florida residence, titled in your spouse's name alone, and your spouse left descendants, Florida law gives you a life estate: the right to live in and use the home for the rest of your life, with the descendants receiving it afterward. Instead, you may choose to take a one-half share as a co-owner. That choice must be made within 6 months after the death, by recording a notice in the county records. If others end up owning part of the home, they may need to sign a sale too. A probate attorney explains which applies to you before the 6 months pass.
Your property tax protection can continue
Florida's Save Our Homes rule limits how fast a homestead's assessed value can rise. Florida law says a transfer to a surviving spouse is not treated as a change of ownership for this rule, so the protection does not reset just because of the death. Call the Brevard County Property Appraiser at (321) 264-6700 to ask what you need to file to keep your exemptions in your name.
A tax rule for surviving spouses
If you sell your main home within 2 years of your spouse's death and have not remarried, you may be able to exclude up to $500,000 of gain instead of $250,000. Other conditions apply, and you can count your spouse's time owning and living in the home. A CPA or IRS Publication 523 can confirm what applies.
Your tax basis may have changed
When spouses owned a home as tenants by the entirety or joint tenants, the IRS treats each as owning half. Your spouse's half generally takes a new basis equal to its market value on the date of death, while your half keeps its old basis. This can lower the gain on a later sale. A CPA can work out your numbers.
Your options
What to gather
- Several certified copies of the death certificate
- The recorded deed to the home
- The will, if there is one, and any trust papers
- Your latest mortgage statement
- Homeowners and flood insurance policies; let the insurer know about the change
- Your property tax bill and homestead details
- A list of bills paid from the home's accounts: utilities, HOA, lawn, pest
- Contact details for a Florida probate attorney, if probate may apply
- A simple notebook or folder to keep every paper and call in one place
Mistakes to avoid
- Rushing to decide. Unless money is urgent, give yourself time. Grief and big decisions are hard to mix, and the home can usually wait.
- Missing the 6-month homestead choice. If the home was in your spouse's name alone and your spouse left descendants, talk with a probate attorney soon so you understand your choice before the 6 months pass.
- Assuming probate is always needed. If you owned the home as tenants by the entirety or with right of survivorship, probate may not be needed. Check the deed first.
- Forgetting the insurance. Tell your insurance company about the change so coverage stays in place, especially if the home will sit empty for a while.
- Selling to the first caller. Some buyers reach out after a death. Compare any offer with what you would keep from a regular sale before you sign anything.
Brevard County in numbers
- The typical home in Brevard County is worth about $339,600, and 77% of homes are lived in by their owners.
- Typical rent here is about $1,556 a month, including utilities.
Free help
Questions people ask
Do I need probate to sell after my spouse passed?
It depends on how the home was owned; a Florida attorney confirms what applies.
Do I need probate to sell my house after my spouse died?
It depends on how the home was owned. If you and your spouse owned it as tenants by the entirety or with right of survivorship, it is not a probate asset, and probate may not be needed to sell. If it was in your spouse's name alone, probate is usually needed. A Florida probate attorney can confirm what applies.
Can I sell the house while probate is open?
Often the personal representative can sell once the court gives them authority. A homestead may have special rules about who must sign. Your probate attorney confirms what your estate needs.
What is a life estate?
It is the right to live in and use a home for the rest of your life. In Florida, when a homestead was in the late spouse's name alone and descendants survive, the surviving spouse receives a life estate unless they choose a one-half share within 6 months.
How long does probate take in Florida?
It varies. In formal administration, creditors who receive notice have three months to file claims, so the estate usually stays open at least that long. Summary administration is a shorter process for smaller estates.
Will my property taxes go up after my spouse's death?
Florida law says a transfer to a surviving spouse is not a change of ownership for Save Our Homes, so the cap does not reset because of the death. Ask the Property Appraiser what you need to file.
Will I owe tax if I sell after my spouse passed?
If you sell within 2 years of the death, have not remarried and meet the other conditions, you may exclude up to $500,000 of gain. Your spouse's half of the home may also get a new basis. A CPA or IRS Publication 523 can confirm.
Who pays the mortgage now?
The mortgage still needs to be paid to protect the home. Call the mortgage company to tell them about the death and ask what they need from you.
Is there free help?
The Florida Bar Lawyer Referral Service can connect you with a probate attorney at 800-342-8011. The Brevard County Clerk's Self-Help Center helps people with some court forms; ask whether it covers probate.