Brevard County · Selling
Selling an inherited home in Brevard County
The probate steps in order: who can sign, what the court needs, and when the home can be sold.
Free · Agents who know Brevard County · Every step in one app
If someone you love has died and left you a home, you may be grieving and handling paperwork at the same time. Walking through their rooms, deciding what to keep, and answering calls from lawyers, lenders and relatives can be exhausting. There is no right way to feel about it, and there is no shame in needing help.
It may also feel like you cannot do anything until everything is settled. In Florida, an inherited home usually goes through probate (the court process that confirms who can act for the estate and who receives what) before it can be sold. That sounds heavy, but it follows a known order, and a probate attorney walks you through each part.
You can take this one step at a time: find out which kind of probate fits, get the right person named by the court, protect the home while you wait, and then sell when the papers allow it.
What’s different for you
- Find out which probate applies. Florida has a short probate for estates of $150,000 or less (raised from $75,000 on July 1, 2026) (or when the owner died more than 2 years ago) and a full one for the rest.
- Hire a Florida probate attorney. The personal representative needs one in almost every case.
- Get the court’s OK to sell. Letters of Administration, and a court order if the home was a protected homestead or the will doesn’t allow a sale.
- Send title the court papers. So nothing waits at closing.
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
Who can sign to sell
The home cannot be sold just because you are the heir. Usually the personal representative (the person the court names to handle the estate, sometimes called the executor) signs, after the court gives them authority. If the home was owned jointly with a right of survivorship, or held in a trust, a different path may apply. A Florida probate attorney can tell you which fits.
Two main kinds of probate in Florida
Summary administration is the shorter process. Under the 2026 Florida Statutes, it can be used when the estate in Florida, minus property protected from creditors, is worth $150,000 or less, or when the owner died more than 2 years ago, and the will does not require full probate. (Before 2026 the limit was $75,000; ask your attorney which applies to your filing.) Larger estates use formal administration, where the court issues Letters of Administration to the personal representative.
You will likely need a Florida attorney
The Brevard Clerk of Court says an attorney is required for formal administration. Summary administration does not always need one, but the Clerk's staff cannot give legal advice or help fill out the forms. The Florida Bar Lawyer Referral Service can connect you with a probate attorney for a first talk.
When the personal representative can sell
Under Florida Statute 733.613, if the will gives the personal representative a power to sell, they can sell without the court approving the sale. If there is no power of sale, they can still sell, but title does not pass until the court authorizes or confirms the sale. This affects how long closing takes.
Protected homestead rules
If the home was the owner's Florida homestead and they left a spouse or a minor child, the Florida Constitution limits who can receive it by will. If the owner left a spouse and descendants and the home was not passed by will as the law allows, Florida law gives the spouse a life estate (the right to live there for life) with the rest to the descendants, unless the spouse chooses, within 6 months of the death, to take a one-half share instead. These rules change who must sign, so the title company needs the court's paperwork.
Creditors get a set time to file claims
In Florida probate, a notice to creditors is published, and most claims must be filed within 3 months after the first publication, or 30 days after a known creditor is served, whichever is later. The estate may need to pay valid debts before money is split among heirs.
Taxes when you sell an inherited home
The IRS says your basis (the starting value used to figure gain) in inherited property is generally its fair market value on the date of death. That often means little or no taxable gain if you sell soon after. An appraisal as of the date of death can help document this. A CPA can tell you how to report the sale.
Keep the home protected while you wait
Keep paying the mortgage, insurance, utilities and property taxes from estate funds if possible. Tell the insurance company the owner has died and ask whether a vacant home is covered. Do not let anyone move in or take belongings until the personal representative says so.
Your options
What to gather
- Several certified copies of the death certificate
- The original will, which must be filed with the Clerk of Court
- The deed, to see how the home was titled
- The latest mortgage statement and any home equity loan
- The homeowners insurance policy, plus a call to the insurer about vacancy
- The last property tax bill
- Names and contact information for every heir and beneficiary
- The Letters of Administration or order of summary administration, once issued
- Any court order about the homestead or the sale
- An appraisal of the home's value on the date of death
Mistakes to avoid
- Listing before anyone has authority to sign. Buyers and title companies need to know who can sign. Wait for the court papers, or list only with your attorney's OK and a contract that allows time for them.
- Letting the home sit uninsured. Many policies change once the owner dies or the home is empty. Call the insurer right away.
- Splitting belongings or money too early. Creditors have time to file claims. Let the personal representative and attorney say when it is time.
- Skipping a date-of-death value. Without it, figuring taxes later is harder. Ask for an appraisal as of the date of death.
- Assuming you can skip disclosures because you never lived there. Disclose what you know. Your agent can explain how an estate fills out seller disclosures.
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
Can I sell an inherited house before probate is finished?
Often the personal representative can sell once the court gives them authority; your probate attorney confirms what your estate needs.
What is a protected homestead?
In Florida, a home the owner lived in can have special protection when they leave a spouse or minor child, which can limit who receives it and how it is sold.
Can I sell an inherited house before probate is finished?
Often yes, once the court gives the personal representative authority. If the will does not give a power of sale, the court must authorize or confirm the sale before title passes. Your probate attorney confirms what your estate needs.
How long does probate take in Florida?
It depends on the type and the estate. Creditors alone get about 3 months after the notice is published, so formal administration often takes longer than that. Your attorney can give a timeline for your case.
Do I pay taxes when I sell a house I inherited?
Your basis is generally the home's value on the date of death, so if you sell close to that value, gain may be small. You still report the sale. Ask a CPA.
What is a protected homestead?
In Florida, a home the owner lived in can have special protection when they leave a spouse or minor child, which limits who receives it and changes who must sign to sell.
Who pays the mortgage while probate is going on?
The loan still has to be paid. Usually the estate pays from its money, or heirs agree to pay and get paid back. Talk to the servicer and the attorney.
What if the heirs do not agree on selling?
The personal representative, the will and the court guide the decision. A probate attorney can explain the options.
Do I need a lawyer for probate in Florida?
For formal administration, yes: the Brevard Clerk says attorney representation is required. For summary administration it may not be required, but many people still hire one because the forms and homestead rules are detailed.