By Delores “Del” Williams, REALTOR® | Broker Associate
Delphi Investment Realty
Not every inherited home in Florida requires probate. Whether probate is needed depends on how the property was owned and how ownership passes after death. Before signing a listing agreement or sales contract, have a Florida probate attorney and the closing professional confirm who can legally sell the property and what documents are required.
If you have inherited a home in Miami-Dade, Broward or Palm Beach County, you may be deciding what to keep, how to care for the property and whether selling makes sense. Start with ownership and authority, then build a practical plan for the home.
Does every inherited Florida home go through probate?
No. Certain ownership arrangements, such as joint ownership with rights of survivorship, can transfer property outside probate. A home owned solely by the person who died may require probate, but Florida homestead rules can affect the analysis.
A will alone does not eliminate probate. Ask an attorney to review the deed and estate documents rather than assuming that one rule applies to every inherited home.
Who can authorize the sale?
Being a relative or being named in a will does not automatically give someone authority to sign for the estate. In formal probate administration, the court appoints a personal representative.
Depending on the property’s ownership and legal status, the seller may instead be a trustee or the people who hold title. Your attorney should confirm the proper parties.
Can the home be sold before probate is finished?
Sometimes. An estate does not always have to be fully closed before a property sale can occur.
Florida Statutes section 733.613 addresses a personal representative’s power to sell real estate. Whether court authorization or confirmation is needed depends on the will, the representative’s authority and applicable law.
Ask the attorney and closing professional to confirm the requirements before committing to a closing date.
What should you do before preparing the home for sale?
Once authority and access are confirmed, organize the practical work:
- Gather available property records, association information, repair invoices and utility details.
- Ask the insurer about coverage requirements if the home is vacant.
- Arrange authorized access and routine property checks.
- Document the home’s condition before clearing rooms or making changes.
- Confirm who may approve expenses and decisions about personal belongings.
Keep a shared list of tasks, estimates and approvals. This is especially helpful when several people are involved or the person managing the property lives elsewhere.
Should you renovate or sell in its current condition?
Compare the options before spending money. Ask for a market analysis that considers the home’s condition, competing listings and relevant recent sales. Then compare a sale in its current condition with limited preparation, such as cleaning, landscaping or selected repairs.
A major renovation adds cost and time without guaranteeing a higher net return. Request written estimates and discuss the likely effect on marketability. A listing-price analysis also serves a different purpose from an appraisal needed for estate or tax matters.
For a condominium, collect current association information early. Ask about assessments, required sale documents and the buyer approval process.
For a single-family home, gather available roof, permit and maintenance records so questions can be addressed during preparation.
Can you manage the sale from another state or country?
Much of the preparation can be coordinated remotely through scheduled updates, photographs, video walkthroughs and approved local vendors.
Agree on who can authorize work, how expenses will be approved and how you want to receive updates.
Ask the closing professional about signing requirements early. Do not assume every document can be signed electronically or that travel will be unnecessary.
How a real estate agent can help
Your probate attorney handles legal questions about the estate and authority to sell. A real estate agent can help evaluate the market, compare preparation options, arrange marketing and showings, explain offers and coordinate the sale with the attorney and closing team.
Ask prospective agents how they communicate with authorized decision-makers and manage a property when the seller is away. Request a clear explanation of services and fees before signing.
Planning your next step
You do not need to decide on a renovation or listing date at the first conversation. Start by understanding the property’s legal status, its condition and the costs of keeping it while you consider your options.
Delores “Del” Williams, REALTOR® | Broker Associate with Delphi Investment Realty, assists buyers and sellers across Miami-Dade, Broward and Palm Beach counties.
To discuss the real estate side of an inherited-home sale, call 786-776-9222 or visit www.therighthomeforyou.com.
This article provides general information, not legal or tax advice. Consult a Florida probate attorney about your circumstances and a qualified tax professional about tax questions.
Sources
The Florida Bar: Probate in Florida
https://www.floridabar.org/public/consumer/pamphlet026/
Florida Statutes section 733.613: Personal representative’s right to sell real property
https://www.flsenate.gov/Laws/Statutes/2026/733.613