How to Sell an Inherited House Through Probate in Miami FL

Yes, you can sell an inherited house in Miami or Orlando, but in most cases the property must go through Florida probate first so a personal representative has the legal authority to sign the deed. Depending on the estate's size, the process can take as little as about 8 weeks through summary administration or roughly a year through formal administration. Once you have that authority, you can sell the home as is to a cash home buyer, often without repairs, showings, or a long closing. See how the process works on our How It Works page, or explore the property types we buy on our What We Buy page.

What Happens to a House When Someone Dies in Florida?

When a homeowner in Miami or Orlando passes away, their house typically becomes part of their probate estate, whether or not they left a will. If there was a valid will, the property generally passes to the beneficiaries named in it. If there was no will, Florida's intestate succession laws determine who inherits the home, usually a surviving spouse, children, or other close relatives, in an order set by state law. Either way, the home cannot simply be listed and sold the day after a loved one passes. Someone first needs the legal authority to act on behalf of the estate, which is where Florida probate comes in.

Do I Have to Go Through Probate to Sell an Inherited House in Miami or Orlando?

In most cases, yes. Florida law generally requires probate before an heir can transfer or sell real estate that was solely in the deceased person's name. There are two main paths, and the appropriate one depends on the size and age of the estate:

Every family's situation is different, and probate rules can change, so it's always worth confirming your exact requirements with a Florida probate attorney before you list or sell an inherited home.

How Long Does Probate Take Before I Can Sell the House?

Timelines vary by county and by how straightforward the estate is, but as a general guide, summary administration in an uncontested case often wraps up in a matter of weeks, while formal administration commonly takes closer to a year to fully close and may take longer if there are disputes among heirs, title issues, or unpaid debts tied to the estate. The good news is that you typically do not have to wait for the entire probate case to close before you can sell the house. Once a personal representative is appointed in a formal administration, or once a summary administration order is entered, that authority is often enough to market and sell the property, sometimes with court or beneficiary approval built into the process.

Can I Sell an Inherited House in Miami Before the Probate Fully Closes?

Often, yes. Once the court has appointed a personal representative or issued an order in a summary administration, that person generally has the authority to sign a purchase contract and deed on behalf of the estate. This is one of the biggest reasons heirs choose to work with a cash home buyer instead of listing traditionally: a real estate investor who buys houses as is can move at the pace of your probate timeline instead of adding a financed buyer's mortgage approval, appraisal, and inspection contingencies on top of the court process. Learn more about how a straightforward cash sale works on our How It Works page.

Will I Owe Capital Gains Tax When I Sell an Inherited House?

This is one of the most common questions heirs ask, and the answer is often more favorable than people expect. Under federal tax law, an inherited home generally receives an "adjusted basis" to its fair market value on the date of the original owner's death, rather than what that person originally paid for it decades earlier. In practice, this means that if you sell the house relatively soon after inheriting it, and it sells close to that adjusted value, you may owe little or no capital gains tax, since the taxable gain is calculated only on any appreciation between the date of death and the date of sale. Property that has been inherited is also generally treated as a long-term asset for tax purposes, regardless of how briefly you've actually owned it. Every estate and tax situation is unique, so it's important to confirm your specific numbers with a CPA or tax professional before you sell.

What Are My Options for Selling an Inherited House in Miami or Orlando?

Heirs generally have a few paths forward once they have the legal authority to sell:

Many inherited homes have not been updated in years, or need repairs the estate can't easily afford before a traditional sale. If that describes the property you inherited, our Damaged or Distressed Homes and Unappealing Homes pages explain how those situations are handled when you sell as is.

Does the Personal Representative Need Court Approval to Sell an Inherited House?

This depends on the type of administration and what the will, if any, says about the personal representative's powers. In some formal administrations, the will grants the personal representative full power of sale without needing to go back to the court for each transaction. In other cases, or when there's no will, the personal representative may need to petition the court for authority to sell, or get consent from all beneficiaries. A probate attorney handling the estate can confirm exactly which situation applies to your case and help make sure the sale is handled correctly from a legal standpoint.

What Documents Do I Need to Sell an Inherited House in Miami or Orlando?

Before a title company or cash home buyer can close on an inherited property, a few documents are typically needed to confirm you have the legal right to sell. These commonly include a certified copy of the death certificate, the will if one exists, and either Letters of Administration (formal administration) or an Order of Summary Administration, both issued by the probate court, confirming who has authority to sign on behalf of the estate. If there are multiple heirs, some transactions may also require signatures or consent from each of them, depending on how the estate is structured. Your probate attorney can confirm exactly which documents apply to your case, and a straightforward cash sale often moves faster once that paperwork is in hand.

What If the Inherited House Is Also Behind on the Mortgage or Taxes?

It's common for an inherited home to have an outstanding mortgage, unpaid property taxes, or even to be heading toward foreclosure if the previous owner fell behind before passing away. None of this necessarily stops you from selling. In many cases, an estate can sell the home and pay off the existing loan and any liens directly out of the proceeds at closing. If the property is far enough behind that foreclosure has already started, timing becomes especially important, and our guide on how to sell a house in foreclosure in Florida walks through that process and the deadlines involved in more detail.

Why Do Many Heirs Choose to Sell an Inherited House for Cash?

Selling an inherited property comes with challenges a typical home sale doesn't. Multiple heirs may disagree about keeping, renting, or selling the house. One or more heirs may live out of state and have no interest in managing repairs or showings from a distance. The home itself may have deferred maintenance, outdated systems, or personal belongings that still need to be cleared out. And every month the estate holds onto the property, it usually means paying property taxes, insurance, and utilities on a house nobody is living in. Settling an estate after a loved one passes is one of the most common reasons homeowners come to us, and selling as is for cash lets heirs divide the proceeds and move forward without adding renovation projects or landlord duties to an already difficult time.

Do I Need to Clean Out or Repair the House Before Selling It?

No. Inherited homes often come with years of belongings left behind, along with deferred maintenance the previous owner never got around to fixing. Clearing out a house and completing repairs can take weeks and cost thousands of dollars, requiring time and money that most heirs would rather not spend on a property they're planning to sell anyway. Selling as is means you can leave furniture, personal items, and needed repairs to the buyer entirely. For more on how an as is sale works and what you're still required to disclose, see our full guide to selling a house as is in Florida.

How Do I Get Started Selling My Inherited House in Miami or Orlando?

If you've inherited a house in Miami, Orlando, or anywhere in between, the first step is confirming where the estate stands in probate, ideally with guidance from a probate attorney. Once you or the personal representative are ready to sell, we make the process simple: contact us with a few details about the property and the estate, we'll present a fair, no-obligation cash offer within 24 hours, and you choose the closing date that works with your probate timeline. There are no repairs, no showings, and no real estate commissions to worry about. Read the full step-by-step breakdown on our How It Works page, or learn more about our team and values on our About Us page.