Brevard County · Selling
Selling a parent’s home in Brevard County
Who is allowed to sign, and a calm plan for the move to their next place.
Free · Agents who know Brevard County · Every step in one app
Selling a parent’s home is rarely just a sale. It may mean your mom or dad is moving to a smaller place, to assisted living, or in with you. It may come after a fall, a diagnosis, or a loss. You may be sorting decades of belongings while also handling forms, calls and family opinions.
It is normal to feel sad, rushed and unsure all at once. Many grown sons and daughters go through this, often while working and caring for their own homes. Feeling overwhelmed does not mean you are doing it wrong.
There is a clear order. First, confirm who has the legal right to sign. Then plan your parent’s next place and moving day. Then sell the home at a pace that respects them. Taking these one at a time makes the whole thing lighter.
What’s different for you
- Confirm who can sign. A power of attorney, a guardian, or after a passing, the estate.
- Plan the next place. One Moving Day for the move to their next home.
- Sell at a calm pace. Every step in plain words.
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 comes first
Only the owners on the deed, or someone with legal authority for them, can sign to sell. If your parent can understand and sign, they sign for themselves, and you can help with everything else. If they cannot, someone must have legal authority before a buyer or title company will move forward.
A power of attorney
A power of attorney is a document where your parent names an agent to act for them. Florida law says it must be signed by your parent and by two witnesses, and acknowledged before a notary. The title company will want to see it, so share a copy early. A Florida attorney can tell you whether the wording covers selling real estate.
When a power of attorney stops working
Florida law says a power of attorney ends when the person who signed it dies. It also ends if a court rules them incapacitated (unless the court keeps certain powers in place), and a power of attorney that is not “durable” ends if they become incapacitated. If any of these has happened, talk with an attorney before you list the home.
Guardianship
If your parent can no longer make decisions and there is no valid power of attorney, a court may appoint a guardian. Florida law says a guardian of property may sell real estate, including a homestead, after getting the court’s approval. That takes time, so plan the sale around the court’s schedule.
After a parent passes
After a death, the home usually passes through probate, the court process that settles an estate, unless it was held another way, such as jointly or in a trust. Florida has a shorter process called summary administration when the estate’s value (less property protected from creditors) is $150,000 or less, or when the person died more than 2 years ago. Florida also has special homestead rules when an owner dies, so a probate attorney is the right first call.
Taxes when your parent sells
If your parent owned and lived in the home for at least 2 of the last 5 years, the IRS says they may be able to leave up to $250,000 of gain out of income, or $500,000 on a joint return. The rules for a home received after a death are different. A CPA or the IRS page on home sales can explain what applies.
Your options
What to gather
- The deed, to confirm whose names are on title
- Any power of attorney, trust, or will your parent signed
- Court papers if there is a guardianship or probate case
- A death certificate, if your parent has passed
- Mortgage, reverse mortgage or home equity statements, if any
- The latest property tax bill and homestead exemption details
- Contact details for your parent’s doctor, care community or new landlord, for move timing
- A list of belongings to keep, give to family, donate or sell
- Records of major repairs or improvements, for the CPA
Mistakes to avoid
- Listing before confirming who can sign. Check the deed and any power of attorney first. A sale cannot close without the right signature.
- Using a power of attorney after a death. A power of attorney ends at death under Florida law. After a passing, talk with a probate attorney.
- Deciding without your parent. Even when you have legal authority, include your parent in decisions as much as they can take part. It protects them, and it keeps family trust strong.
- Selling before the next place is ready. Line up your parent’s next home and moving day before you set the closing date, so they are never left without a place to go.
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 my parent’s house for them?
Only with legal authority such as a power of attorney; an attorney confirms what your family needs.
Can I sell my parent’s house for them?
Only with legal authority, such as a valid power of attorney or a court-appointed guardianship, unless your parent signs themselves. A Florida attorney can confirm what your family needs.
What does a Florida power of attorney need to be valid?
Florida law says it must be signed by the person giving the power, with two witnesses, and acknowledged before a notary. An attorney can check whether its wording covers selling a home.
Can I use a power of attorney after my parent dies?
No. Florida law says a power of attorney ends when the person who signed it dies. The home then usually goes through probate or passes by how it was owned.
Does a guardian need court approval to sell a home?
Yes. Florida law says a guardian of property may sell real estate, including a homestead, after getting the court’s approval.
What is summary administration in Florida?
It is a shorter probate process. Florida law allows it when the estate’s value, less property protected from creditors, is $150,000 or less, or when the person died more than 2 years ago, and the will does not require full administration.
Will my parent owe taxes on the sale?
Maybe not. If they owned and lived in the home for at least 2 of the last 5 years, the IRS says they may exclude up to $250,000 of gain, or $500,000 on a joint return. A CPA can confirm.
Where can we get help planning my parent’s move?
Florida’s Elder Helpline, 1-800-96-ELDER (1-800-963-5337), connects older adults and the people helping them with local services. Your agent can line up the sale’s timing with their move.