
Selling an Inherited Home in Boca Raton: Probate, Homestead and Next Steps
October 1, 2026 · 8 min read · By Onias Derilus, Broker
From an older condo facing assessments to a waterfront estate, an inherited Boca property brings its own legal and pricing steps. Here is how heirs can work through them.
An inherited home in Boca Raton can be almost anything: a 1970s condo near the Intracoastal, a villa in a 55+ community out west, a house in a gated golf club or a waterfront estate. Each one sells to a different buyer. Before any of that, though, Florida law decides who can sign the deed and when. This guide covers both sides, from probate and homestead rules to cleanout, condo paperwork and pricing.
Key takeaways
- Title decides the path. Trust-owned and survivorship homes can often sell without probate, while a home in the owner's sole name usually cannot.
- If the owner lived in another state, Florida property may need its own ancillary probate case here.
- Homestead rules can limit a will when the owner left a spouse or a minor child.
- In Q4 2025, city of Boca Raton houses sold for a median of $1,200,000 and condos for $497,000, per Miami Realtors. Condos took twice as long to go under contract.
- Heirs generally take a basis equal to the value on the date of death, which can shrink the taxable gain.
First steps with an inherited home in Boca Raton
Nothing has to sell this month. However, a few early moves protect the property and the estate.
- Secure the home and collect spare keys. In a condo, tell the association manager who to contact.
- Call the insurer. Many policies change coverage on a vacant home, so ask what is required.
- Keep the AC running. Boca's heat and humidity can lead to mold in a closed-up home.
- Find the will, any trust and the deed.
- Hold off on selling contents until you know who has authority.
Anyone holding the original will must deposit it with the Palm Beach County clerk within 10 days after learning of the death, under section 732.901 of the Florida Statutes.
Who can sign for an inherited home in Boca Raton
The answer depends on how the owner held title. A title company can pull the deed, or you can search the county clerk's official records.
Trust or survivorship
If the home was deeded to a revocable trust, the successor trustee can usually sell without probate. Likewise, a home held as tenants by the entirety or with right of survivorship passes to the surviving owner. In both cases, expect the title company to ask for a death certificate and supporting papers.
Sole name with a Florida probate
A home in the owner's sole name usually needs a probate case, handled by the Fifteenth Judicial Circuit. The court appoints a personal representative. Under section 733.613, if the will grants a power to sell real property, that person can sell without a separate court order. Otherwise, the court must approve the sale.
Owners who lived out of state
Boca has many seasonal owners whose main home was elsewhere. When a nonresident dies leaving property in Florida, section 734.102 provides for ancillary administration here. In practice, that means a Florida case alongside the one in the owner's home state. So if your parent was a snowbird, ask a Florida probate attorney early which case applies.
How long probate takes in Palm Beach County
The Florida Bar says a simple probate estate takes about five or six months. The estate must stay open at least through the three-month creditor claim period, and the Bar notes that selling real estate can lengthen things.
Smaller or older estates may qualify for a faster track. Under section 735.201, summary administration can apply when the estate subject to administration, minus exempt property, is worth $150,000 or less, or when the person died more than 2 years ago. A Boca home usually pushes an estate past that dollar limit, so most families with a sole-name home end up in formal administration.
You do not have to wait for the case to close before you list. Once the representative has authority, the home can go on the market. Our page on probate and inherited property shows how we coordinate a listing with the court timeline.
Homestead rules for an inherited home in Boca Raton
If the owner lived in the home as a Florida homestead, special rules apply. Section 732.4015 bars an owner who leaves a spouse or a minor child from freely leaving the homestead to someone else by will.
When the home passes under section 732.401, the spouse receives a life estate and the descendants receive the remainder. Instead, the spouse may elect an undivided one-half interest as a tenant in common, but only within 6 months after the death. Either way, more heirs may have to join in the deed.
The property tax picture also changes. The homestead exemption and Save Our Homes cap end with the change in ownership. As a result, the next bills can reflect full market value unless a qualifying new owner applies. On a Boca property, that jump can be large.
Condo paperwork that slows estate sales
Many Boca condos were built decades ago, and Florida now asks more of older buildings. Under section 553.899, condo buildings three or more stories tall need a milestone inspection by December 31 of the year they turn 30. Associations must also complete structural integrity reserve studies under section 718.112. If repairs are due, owners may face special assessments, and the estate inherits that bill.
So gather these items early:
- The association's governing documents and recent financial records, which a resale buyer has a right to receive under section 718.503.
- Any milestone inspection report and reserve study.
- Notice of any planned or pending special assessment.
- An estoppel certificate showing what the unit owes.
- The association's rules for approving buyers, if it has them.
Buyers price the building as well as the unit. A dated unit in a well-funded building can sell faster than a remodeled one facing a large assessment.
Cleanout and repairs before you list
Older homes and condos in Boca often hold decades of belongings. Take it in stages. First, pull out papers such as deeds, tax returns, bank statements and insurance policies. Next, let family choose keepsakes and keep a list. Then get art, jewelry and furniture of real value appraised before any sale. Finally, an estate sale company or a removal crew can clear the rest.
After that, decide how much to fix. Many heirs sell as is, especially when they live out of town. Others paint, replace worn flooring and deep clean. Repairs that solve an insurance or loan problem, such as an old roof or water heater, tend to pay back more than cosmetic work. Keep every receipt, since the estate often pays these costs.
Pricing an inherited home in Boca Raton
Boca is a deep market, so the right comparison matters. Miami Realtors reported 203 single-family sales in the city in Q4 2025, at a median of $1,200,000. Those homes went under contract in a median of 41 days, and sellers received 92.3% of their original list price. Supply was 4.7 months.
Condos were slower. The same report showed 189 condo and townhouse sales at a median of $497,000, with 83 days to contract and 8.0 months of supply. So an inherited condo faces more competition than a house does.
According to Pure Equity's MLS data as of October 1, 2026, Boca Raton had 2,188 active residential listings, with a median list price of $550,000 and a median of $352 per square foot. Those listings had been active an average of 113 days. These are asking prices, with condos and houses mixed. Check the live figures on our Boca Raton area page.
One local wrinkle: many homes with a Boca Raton mailing address sit outside the city limits, including much of the 55+ market out west. The Miami Realtors city figures cover the city only. So ask your agent for sales from your own community, not just the city median.
Taxes on the sale
Under IRS rules, an heir's basis in inherited property is generally its fair market value on the date of death. As a result, a sale soon after the death at a similar price often produces little or no taxable gain. A date-of-death appraisal gives you a record of that value. Our post on taxes on selling a house in Florida covers the wider picture, and a CPA can apply it to your family.
Frequently asked questions
Can we sell an inherited home in Boca Raton while probate is open?
Usually, yes. Once the personal representative has authority, the home can be listed. If court approval is needed, the contract should allow time for it.
Who pays a condo special assessment after the owner dies?
The unit still owes it, so the estate generally pays from estate funds or at closing. Ask the association for an estoppel certificate to see the full amount.
What if my parent lived in New York but owned a Boca condo?
Florida property of a nonresident may need an ancillary probate case here. A Florida probate attorney can tell you whether that applies.
Should we rent the inherited home in Boca Raton instead of selling?
Some heirs do. Pure Equity's data showed a median asking rent of $3,250 as of October 1, 2026. Weigh that against higher taxes after the homestead ends, insurance, condo dues and any assessments.
Sources
- Florida Statutes, s. 732.401 descent of homestead
- Florida Statutes, s. 732.4015 devise of homestead
- Florida Statutes, s. 732.901 deposit of wills
- Florida Statutes, s. 733.613 sale of real property
- Florida Statutes, s. 734.102 ancillary administration
- Florida Statutes, s. 735.201 summary administration
- Florida Statutes, s. 553.899 milestone inspections
- Florida Statutes, s. 718.112 condo bylaws and reserve studies
- Florida Statutes, s. 718.503 condo resale disclosures
- The Florida Bar, Probate in Florida
- IRS, Publication 551: Basis of Assets
- Palm Beach County Property Appraiser, homestead exemption
- Miami Realtors, Palm Beach County single-family metrics by city, Q4 2025
- Miami Realtors, Palm Beach County condo and townhouse metrics by city, Q4 2025
- Pure Equity, Boca Raton market data (as of October 1, 2026)
This article is general information, not legal, tax or financial advice. Probate, homestead and tax rules depend on your family's facts, so talk with a Florida probate attorney and a tax professional before you act.
Handling an estate in Boca Raton? Book a no-obligation listing consultation with a Boca Raton specialist. We can help you price the property, gather condo documents and time the listing around probate. Talk with our team or get a home value estimate. If a family member wants to buy in Boca instead, our buyer's agents can help with that search too.
