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Probate & Inherited Property

Inherited & Probate Property · Florida

Sell an Inherited or Probate Property in Florida for Cash

Inherited a house, condo or commercial building in Florida? We buy estate property as-is — contents and all — and work alongside your personal representative, probate attorney and family, wherever you live.

  • No cleanout or repairs
  • Remote closings for out-of-state heirs
  • No commissions
  • Houses & commercial property

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Home › Seller Situations › Inherited & Probate Property · Updated

Quick answerYou can sell an inherited Florida property once someone has legal authority to convey it — usually a court-appointed personal representative in formal administration, the heirs after a summary administration order, or the heirs directly once a protected homestead is determined. A cash buyer like Libera Capital Group can sign a contract early, wait for the court, and close as-is without cleanout or repairs. Your probate attorney confirms who can sign.

Watch: Sell My Probate House Fast in Fort Myers

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How probate sales work with a cash buyer: we coordinate with the personal representative, the estate attorney and the title company.

Inheriting a Florida property often arrives at the worst possible moment: you’re grieving, juggling family logistics, and suddenly responsible for a house that may be hundreds or thousands of miles away. There’s a lawn to mow, a hurricane season to worry about, insurance that may lapse with the owner’s death, and a lifetime of belongings inside. At the same time, a court process you’ve never dealt with determines who can actually sell.

Florida’s probate system is manageable once you understand the moving parts. The type of administration, whether the home was the decedent’s homestead, who the heirs are, and whether there was a will or trust all affect who signs the deed and when. This page explains those pieces in plain English, shows how and when an estate property can be sold, and describes how Libera Capital Group helps families — including heirs who live out of state — close the chapter without spending months managing a property.

We’re a property buyer, not a law firm. Probate is a legal process, and Florida generally requires a personal representative in formal administration to be represented by an attorney. Use this as background, and rely on your probate attorney for decisions in your case. If you’re an attorney reading this, our page for probate attorneys explains how we work with counsel.

Why families sell inherited property to Libera Capital Group

Leave the belongings and the repairs

Take the photos, heirlooms and papers that matter; leave the rest. We handle the cleanout, the dated kitchen, the old roof and the 1980s plumbing after closing, so the family doesn’t have to coordinate contractors from afar.

More for the estate, less overhead

No listing commission comes out of the estate, and we pay normal closing costs. Selling sooner also stops the drain of insurance, taxes, utilities, HOA dues and lawn care that estates carry while a property sits.

Patient with the court calendar

Probate rarely moves on a perfect schedule. We can sign a contract now and close when Letters of Administration, a court order or a homestead determination is in hand — no pressure to rush the legal steps.

Easy for every heir to agree to

A single written cash offer with clear terms is easy to share with siblings, beneficiaries and the attorney. Everyone can sign remotely, and proceeds are distributed according to the estate’s plan.

What types of probate are there in Florida?

Florida’s Probate Code provides several paths. Which one applies depends mainly on the size and type of assets and how long ago the person died. In all of them, real estate titled in the decedent’s sole name generally can’t be sold until someone has authority to sign.

Summary administration

Summary administration is a shortened process available when the value of the estate subject to administration (not counting exempt property) is $150,000 or less (up from $75,000 as of July 1, 2026), or when the decedent has been dead for more than two years. No personal representative is appointed. Instead, the court enters an order of summary administration that distributes the assets — including real property — directly to the beneficiaries or heirs. Once that order is recorded, the named beneficiaries can sell the property together.

Summary administration can be much faster than formal administration, but it isn’t automatic. The petition must address known creditors, and beneficiaries can remain liable for valid claims to the extent of what they receive. The two-year path is common for inherited homes that sat untouched for years — a situation we see often in older Southwest Florida neighborhoods.

Formal administration

Formal administration is the full process. The court appoints a personal representative (often called an executor elsewhere) and issues Letters of Administration that give that person authority to act for the estate. The personal representative publishes a notice to creditors; creditors generally have three months from first publication to file claims. The representative gathers assets, pays valid debts and expenses, files an inventory, and eventually distributes what remains. Formal administration commonly takes many months and can take longer if there are disputes, real estate issues or tax questions.

Disposition without administration and ancillary administration

For very small estates consisting only of exempt property and limited funds, Florida allows disposition without administration — generally not used when real estate must be sold. If the decedent lived in another state but owned Florida real estate, an ancillary administration is usually opened in the Florida county where the property sits, so a Florida court can authorize transfer of that property.

Property that skips probate

  • Revocable trust. If the property was deeded to a living trust, the successor trustee can typically sell under the trust’s terms without a probate court order.
  • Enhanced life estate (“Lady Bird”) deed. Common in Florida, it passes the property directly to named remainder beneficiaries at death, usually after recording a death certificate.
  • Joint ownership with survivorship. Property held as joint tenants with right of survivorship, or as tenants by the entirety between spouses, passes to the survivor.

Even without probate, title companies want proper documentation, so share the recorded deed and death certificate with us early.

What does a Florida personal representative do with real estate?

The personal representative (PR) is the estate’s fiduciary. In formal administration, the PR has a legal duty to protect estate assets, act impartially among beneficiaries and administer the estate efficiently. For real estate, that typically means:

  • Securing the property — changing locks, confirming insurance (many policies need to be updated or replaced after the owner’s death, and vacant homes can be hard to insure), and maintaining the yard and pool.
  • Paying carrying costs — property taxes, HOA or condo dues, utilities and mortgage payments, often out of estate funds.
  • Getting a value — an appraisal or broker opinion helps with the inventory and with showing that a sale price is fair to beneficiaries.
  • Deciding whether to sell or distribute — the PR can sell if the will grants a power of sale, if beneficiaries consent, or with court authorization, depending on the situation.

Who can serve as personal representative?

The will usually names one. If there’s no will, Florida law sets a priority list beginning with the surviving spouse and then a person selected by a majority of the heirs. Florida has a notable restriction: a person who does not live in Florida can serve only if they’re within certain family relationships to the decedent — such as a spouse, child, parent, sibling, or certain other relatives and their spouses. A non-resident friend or distant relative generally can’t serve. Your attorney can confirm eligibility.

Does a PR need court approval to sell the house?

Often not, if the will gives the PR power to sell real estate without court order. If the will is silent, if there’s no will, or if title insurers request it, the PR may petition for an order authorizing the sale. Even when not strictly required, many PRs get beneficiaries’ written consent to the sale to minimize later disputes. We’re comfortable with all of these paths, and our contracts can make closing contingent on the court’s order.

How do Florida homestead rules affect an inherited house?

Homestead is the single most important, and most misunderstood, issue in Florida estate real estate. The Florida Constitution gives special protection to a homeowner’s primary residence, and those protections continue after death in two main ways.

1. Protection from creditors

When a Florida resident dies owning a home they lived in as their permanent residence, that “protected homestead” generally passes to heirs free of the decedent’s general creditors’ claims (mortgages and certain liens still apply). That’s why heirs or the PR usually ask the court to enter an order determining homestead status. Title insurers typically rely on that order before insuring a buyer.

2. Restrictions on who inherits

If the owner was survived by a spouse or a minor child, the Constitution restricts how the homestead can be left by will. In general:

  • If there’s a surviving spouse and no minor child, the home may be left to the spouse outright.
  • If the will doesn’t validly dispose of it, the surviving spouse typically receives a life estate, with the remainder going to the decedent’s descendants — or, if timely elected, an undivided one-half interest as tenant in common with the descendants.
  • If there’s a minor child, the home generally can’t be left away from the spouse and descendants.

These rules can produce co-ownership structures nobody planned for, such as a stepparent holding a life estate with stepchildren as remaindermen. Selling then requires every owner to agree and sign. A cash buyer who can make one clean offer to all parties often helps families reach consensus.

Homestead tax exemption after death

The homestead property tax exemption and the Save Our Homes assessment cap belong to the owner who lived there. After death, unless a qualifying heir moves in and applies, the exemption is typically removed for the following tax year and the property may be reassessed closer to market value — sometimes a sharp increase in taxes for a long-held home. That’s one reason estates often decide to sell within the first year.

Can you sell a house before probate is finished in Florida?

Yes — in many cases you can sell well before the estate is closed. Probate doesn’t need to be completed; someone simply needs authority to sign, and the title company must be able to insure the buyer. Common scenarios:

  • Formal administration with Letters issued. The PR can sign the contract and deed once Letters of Administration are issued, subject to any power-of-sale or court-order requirements. The sale can close during the creditor period; net proceeds stay in the estate account until distribution.
  • Protected homestead. Once the court determines homestead status, the heirs who own it (not the estate) sign the deed, often while the rest of the probate continues.
  • Summary administration. After the order is entered, the beneficiaries named in it can sell.
  • Before anything is filed. No one can convey title yet, but you can still get an offer and sign a contract that closes after the court acts. Many families find that having a buyer lined up makes the probate filing more straightforward.

What about the mortgage, liens and unpaid bills?

A mortgage doesn’t disappear at death, and lenders generally can’t call the loan just because title passes to certain relatives. If payments stop, though, the lender can eventually foreclose — see our page on selling during foreclosure. At closing, mortgages, unpaid property taxes, HOA balances and code liens are paid from proceeds. If the home has a reverse mortgage, heirs typically must repay or sell within deadlines set by the loan; our page on back taxes and liens covers related issues.

Inherited a Florida property but live out of state?

A large share of the inherited properties we buy belong to heirs who live in the Northeast, Midwest, Canada or elsewhere — the children of retirees who moved to Florida decades ago. Managing a property remotely is hard: you can’t easily meet contractors, check on the house after a storm, or show it to buyers. Here’s how we make it simpler:

  • Virtual walkthroughs or local access. If a neighbor, friend or attorney can give us access, you don’t need to travel.
  • Mail-away or remote online notarization closings. Florida title companies routinely close with sellers in other states, and Florida permits remote online notarization through approved platforms.
  • Contents handled. Ship what you want to keep; we’ll deal with the rest after closing.
  • Storm-season peace of mind. Instead of watching hurricane forecasts for a house you can’t reach, you can close and move on.
  • Ancillary probate. If your parent lived elsewhere but owned a Florida condo or rental, a Florida ancillary administration may be needed; we’ll work with the attorney handling it.

Canadian sellers and other non-U.S. sellers should ask a tax professional about FIRPTA withholding, which can apply to sales by foreign persons. We’ll coordinate with the title company to handle it properly.

Inherited property in Southwest Florida: what we commonly see

Southwest Florida has been a retirement destination for generations, so estates here have a recognizable pattern. Our Southwest Florida page explains the region more broadly; here’s how inherited homes tend to look by area.

Cape Coral and Fort Myers

In Cape Coral, many inherited homes are 1970s and 1980s concrete block houses on canals, with original kitchens, older electrical panels and aging seawalls. Some still carry unrepaired Ian damage. In Fort Myers, we see older homes in established neighborhoods and condos in 55-plus communities along the McGregor and Summerlin corridors. Probate for Lee County properties runs through the Lee County circuit court.

North Fort Myers and Lehigh Acres

In North Fort Myers, inherited mobile and manufactured homes — some in resident-owned parks, others on owned lots — are common, along with well and septic systems that haven’t been inspected in years. In Lehigh Acres, estates sometimes include rental houses with tenants in place.

Naples, Marco Island and Bonita Springs

Estates in Naples and Marco Island frequently include condos in older mid-rise and high-rise buildings, where Florida’s milestone inspection and structural integrity reserve requirements have driven special assessments. Heirs may inherit a unit along with a large pending assessment. We buy condos in that situation; see our condos and townhomes page.

Charlotte and Sarasota counties

Port Charlotte, Punta Gorda and Venice have many long-held homes owned by retirees whose children live up north. Out-of-state heirs, storm damage, and homes that have sat vacant for a season or two are a frequent combination. If the property has been empty for a while, our page on selling vacant property may help.

Inherited commercial property

Families also inherit small commercial properties: a strip center on a busy corridor, a small office building, a family-run motel, or a mobile home park. These come with tenants, leases, service contracts and sometimes deferred maintenance. We buy all of them and can keep tenants in place. See selling commercial property for cash.

Selling estate property: cash sale vs. listing

FactorCash sale to Libera Capital GroupPrepare and list with an agent
Cleanout of belongingsNot required — take what you wantUsually required; estate sale and hauling costs
Repairs and updatesNoneOften needed to compete with updated listings
CommissionsNoneOften 5–6% of the price
Closing costsWe pay normal closing costsEstate typically pays title, doc stamps ($0.70 per $100) and more
Carrying costsStop at closingTaxes, insurance, HOA, utilities, lawn and pool for months
Coordination for remote heirsRemote closings, one point of contactShowings, repairs and inspections managed from afar
Timing with probateContract can wait on court ordersBuyers may not wait; financing deadlines apply
PriceReflects as-is conditionPotentially higher gross, less costs and time

A well-maintained, updated home may sell for more on the open market, and that might serve the beneficiaries best. For dated, damaged or remote properties, a cash sale often nets comparably once costs and time are included. Our cash offer vs. listing guide breaks this down further.

How selling an inherited property to us works

  1. Tell us about the property and the estate. Share the address, who passed away, whether probate has been opened, and who the attorney is if there is one.
  2. We review and make an offer. We look at title, liens and condition and typically deliver a written cash offer within 24–48 hours.
  3. Sign when the right person can sign. The PR, trustee or heirs sign the contract; if a court order is needed, closing is scheduled after it’s entered.
  4. Close remotely or in person. The title company handles payoffs and disbursements, with proceeds paid to the estate or owners as the documents direct. See how it works.

Property types and related situations

We buy inherited single-family homes, condos, mobile homes, small apartment buildings and commercial properties. Estates often overlap with other situations:

Where we buy inherited property

Inherited vacant land? Libera Capital Group buys houses and improved commercial property only. For inherited lots, acreage and raw land anywhere in Florida, visit our land division SWFLLand.com.
Key takeaways
  • Florida offers summary administration (estates of $150,000 or less, or where death was more than two years ago) and formal administration with a court-appointed personal representative.
  • Protected homestead generally passes outside creditors’ reach, but spouse and minor-child rules can limit who inherits — and everyone on title must sign.
  • You don’t have to wait for probate to close; you need someone with authority to sign and title that can be insured.
  • Out-of-state heirs can sell remotely. Always confirm the plan with a Florida probate attorney.

County probate guides

Each county handles probate through its own circuit court and clerk. These guides cover where to file, local timing and the inherited properties we see most often in each county.

Want the statewide picture first? Read our step-by-step guide: How to Sell an Inherited House in Florida.

Frequently Asked Questions about selling inherited and probate property in Florida

How long does probate take in Florida?

Summary administration can sometimes be completed in a matter of weeks to a few months. Formal administration usually takes longer — the creditor period alone runs three months from first publication of the notice to creditors — and disputes or tax issues can extend it. Your probate attorney can estimate your timeline.

Can I sell an inherited house without going through probate?

Sometimes. If the home was in a revocable trust, passed by an enhanced life estate (Lady Bird) deed, or was held jointly with survivorship rights, probate may not be needed. Otherwise, some court process is generally required so someone has authority to convey title.

Do all heirs have to agree to sell?

If the heirs own the property directly, such as protected homestead or after summary administration, every owner must sign. In formal administration, a PR with power of sale may be able to sell, though beneficiary consent is wise. A Florida attorney can explain options when heirs disagree.

What is a protected homestead in Florida probate?

It’s the decedent’s Florida primary residence that qualifies for constitutional protection. It generally passes to heirs free of the decedent’s unsecured creditors and is subject to restrictions if a spouse or minor child survives. Courts usually enter an order determining homestead status before a sale.

Can I live out of state and be the personal representative?

Only if you’re within certain family relationships to the decedent, such as a child, parent, sibling or spouse, or certain other relatives. Non-resident friends or distant relatives generally cannot serve. Ask your attorney to confirm.

Do I need to clean out the house before selling to you?

No. Take anything you want to keep and leave the rest. We handle furniture, clothing, appliances and debris after closing. Please remove personal papers, photos and valuables you want to keep before closing.

What happens to the mortgage on an inherited house?

The mortgage stays attached to the property. At closing it’s paid off from the sale proceeds. If payments have stopped, act quickly; the lender can eventually foreclose even during probate. Reverse mortgages have their own repayment deadlines for heirs.

Will property taxes go up on an inherited home?

Often, yes. The deceased owner’s homestead exemption and assessment cap generally end, and the property may be reassessed closer to market value for the next tax year unless a qualifying heir makes it their homestead. Check with the county property appraiser.

Do I owe taxes when I sell an inherited property?

Inherited property generally receives a stepped-up tax basis to its value at the date of death, which can reduce or eliminate capital gains if you sell soon. Florida has no state income tax. Federal rules vary, so consult a CPA.

How much will a cash buyer pay for an inherited house in Florida?

The price is based on what the home would sell for once updated, minus the repairs, cleanout and costs to get it there. Inherited Florida homes often have original kitchens and baths, older roofs and plumbing, and years of deferred maintenance. We subtract those costs, holding and closing costs and a margin for risk from comparable renovated sales, and send the math in writing so every heir can review it.

Can I sell an inherited house in Florida while probate is still open?

Yes, you can sign a contract during probate, but closing usually requires the personal representative’s authority and sometimes court approval. Once letters of administration are issued, the personal representative can often sell if the will grants a power of sale; otherwise the court may need to approve. We can sign now and close when your probate attorney confirms authority, which is a normal timing gap.

Can I sell an inherited house that has a reverse mortgage?

Yes, heirs can sell a house with a reverse mortgage, and the loan is paid off from the sale proceeds. After the borrower passes away, the servicer typically sends a due-and-payable notice and gives heirs a limited time to sell or repay, with possible extensions. For FHA-insured HECM loans, heirs generally owe no more than the loan balance or 95 percent of appraised value, whichever is less. Contact the servicer early.

What if one heir is living in the inherited house and will not leave?

An heir living in the property is common, and it usually has to be resolved before or as part of the sale. Sometimes the occupying heir agrees once they see the offer and their share of the proceeds; other times a buyout or a partition action is discussed. We can set a later closing date that gives them time to move. A Florida probate attorney should advise the personal representative on options.

Can I sell an inherited house with back taxes or code liens?

Yes, back property taxes, code liens and utility liens on an inherited house are typically paid from the sale proceeds at closing. Vacant inherited homes often collect code fines for overgrown yards or unsecured buildings, and many cities will consider reductions once a sale is under contract. If a tax certificate is outstanding, address it before a tax deed application is filed.

Let us take the property off your family’s plate

Get a no-obligation cash offer on an inherited house or building — no cleanout, no repairs, and a closing timed to the probate court.

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