In This Guide
Do You Need Probate to Sell?
The first question: is probate required? It depends on how the deceased held title to the property.
When Probate Is NOT Required
The property transfers automatically to you (outside probate) if it was held in:
- A living trust — The successor trustee distributes assets according to the trust document. No court involvement.
- Joint tenancy with right of survivorship — Title passes automatically to the surviving owner(s).
- Tenancy by the entirety — For married couples; surviving spouse gets full ownership automatically.
- Lady Bird deed (enhanced life estate) — Common in Florida. The deed names a remainder beneficiary who receives title at death without probate.
If any of these apply, you can sell once you have a death certificate and any required transfer documents recorded.
When Probate IS Required
If the property was titled solely in the deceased's name with no survivorship provision, you need probate court authority before you can legally sell.
(estates under $75,000)
(larger estates)
(disputes, creditor claims)
You can accept an offer during probate. Cash buyers often make offers on inherited land while probate is pending. The contract is contingent on receiving court authority, and closing happens once that's granted. This way you have a committed buyer waiting.
The Stepped-Up Basis Tax Advantage
This is the most important concept for inherited property owners. The stepped-up basis can save you thousands in capital gains tax.
How It Works
When you inherit property, your cost basis is the fair market value on the date of the original owner's death — not what they originally paid. This "steps up" your basis to current value.
Example: Stepped-Up Basis in Action
| Original purchase price (1985) | $5,000 |
| Fair market value at death (2025) | $50,000 |
| Your stepped-up basis | $50,000 |
| You sell for | $52,000 |
| Taxable capital gain | $2,000 |
Without stepped-up basis, you'd owe tax on a $47,000 gain. With it, only $2,000 is taxable.
Florida has no state income tax, so only federal capital gains applies. At the 15% long-term rate, you'd owe ~$300 on that $2,000 gain — versus ~$7,050 without stepped-up basis.
Document the value at death. Get a dated property appraisal or save comparable sales data near the date of death. You may need this to establish your stepped-up basis if audited later.
7 Options for Inherited Land in Florida
You have more choices than just "keep it" or "sell it." Here are your realistic options:
Most common choice: Heirs who inherit land they don't want typically sell for cash — especially out-of-state heirs dealing with property they've never visited. The speed and certainty outweigh the discount.
How to Sell Inherited Land in Florida
If selling is your goal, here's the step-by-step process:
Step 1: Confirm Title Is in Your Name
Check how title was held (see probate section above). If probate is required, consult a Florida estate attorney. If it transferred outside probate, record the appropriate transfer documents (affidavit of death, certificate of trust, etc.) with the county clerk.
Step 2: Gather Property Information
You'll need:
- Parcel ID (APN) — Find on the property tax bill or county property appraiser website
- Legal description — On the deed or property appraiser site
- Current tax status — Check for delinquent taxes
- Death certificate — Multiple certified copies are useful
- Letters of administration — If you went through probate
Step 3: Choose Your Sale Method
- Cash buyer: Submit property details, receive offer in 24 hours, close in 14–30 days
- Realtor: Interview agents, sign listing agreement, wait for offers (3–12+ months)
- FSBO: List property, handle inquiries, negotiate directly
Step 4: Close Through a Title Company
A Florida-licensed title company handles:
- Title search and insurance
- Payoff of any liens or back taxes
- Deed preparation and recording
- Funds distribution
If you're out of state, you can sign remotely via mail or e-notarization.
Special Situations
Multiple Heirs / Co-Owners
If you inherited alongside siblings or other family members, everyone must agree to sell. All co-owners must sign the deed. Cash buyers can coordinate signatures from multiple parties in different locations.
If one heir refuses to sell, your options are: buy out their share, negotiate, or pursue a partition action in court (which forces a sale but costs legal fees).
Back Taxes or Tax Certificates
The original owner may have fallen behind on property taxes. Florida charges 18% annual interest on delinquent taxes. If unpaid long enough, a tax certificate is sold to investors, and eventually the property can be auctioned.
Good news: You don't need to pay off back taxes before selling. The title company pays them from the sale proceeds at closing. Just act before a tax deed auction is scheduled.
Unknown or Deceased Co-Heirs
If other heirs are deceased or can't be located, title may have "clouds" that make it unmarketable. This often requires additional legal work — quiet title action, heirship affidavits, or probate of the deceased heir's estate. An estate attorney can advise on the fastest path forward.
Out-of-State Heirs
You don't need to visit Florida to sell. The entire process — offer, contract signing, closing — can be handled remotely. Cash buyers are accustomed to working with out-of-state sellers.
Frequently Asked Questions
Do I have to go through probate to sell inherited land in Florida?
Only if the property was titled solely in the deceased's name. Property in a trust, joint tenancy, or with a Lady Bird deed transfers without probate.
Do I pay capital gains tax when I sell inherited land?
Often little or none, thanks to stepped-up basis. Your cost basis is the fair market value at death, not the original purchase price. Florida has no state income tax.
How long does probate take in Florida?
Summary administration: 1–3 months. Formal administration: 6–12 months. Complex estates with disputes may take longer.
Can I sell if other family members are co-heirs?
Yes, but all co-heirs must agree and sign. If one refuses, consider buying out their share or pursuing partition.
What if the property has back taxes?
You can still sell. Back taxes are paid from sale proceeds at closing. Act before a tax deed auction is scheduled.
Ready to Sell Your Inherited Land?
We work with heirs across the country. Submit your parcel details and receive a cash offer within 24 hours — even if you're still in probate, we'll make an offer and wait for authority.
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