Selling an Inherited Home in Delray Beach: Probate, Homestead and Next Steps

If you now own an inherited home in Delray Beach, you probably have more questions than answers. Who has the right to sign? Do you have to wait for probate to end? And what is a dated house near Atlantic Avenue, or a condo in a west Delray 55+ community, really worth? This guide walks through the Florida rules that decide who can sell, how homestead changes the picture, and how to prepare and price the property once the paperwork is in order.

Key takeaways

• A will with a power of sale lets the personal representative sell real estate without a court order. Without one, title cannot pass until the court approves the sale.
• Creditors generally have 3 months after the notice to creditors is first published, and the Florida Bar says even a simple estate takes about five or six months.
• If the home was the owner's homestead and a spouse or minor child survived, Florida law limits who could inherit it, and the heirs often sign the deed.
• Heirs usually take a tax basis equal to fair market value at the date of death, and Florida has no state estate tax for deaths after 2004.
• Delray Beach has two very different resale markets: east-side homes where land value drives price, and west-side 55+ condos with their own buyer pool and rules.

First steps after you inherit a home in Delray Beach

Start by protecting the property. Change the locks, keep the power and air conditioning on, and call the insurance company. Many policies limit coverage when a home sits empty, so ask what the insurer needs from you now.

Next, gather the papers. You will want the death certificate, the will or trust, the most recent deed and any mortgage, HOA or condo statements. These documents tell you which path the sale will follow.

Then talk with a Florida probate attorney. Because Delray Beach is in Palm Beach County, an estate here is handled by the Fifteenth Judicial Circuit. In fact, its Probate Division has a South County location at 200 West Atlantic Avenue, right in Delray Beach, according to the court's probate page. Your attorney will file the case, so you will not need to walk in yourself, but it helps to know where the file lives.

Probate sale or trust sale: which one applies?

How you sell depends on how the owner held title. There are two common routes.

When the house goes through probate

If the house was in the owner's name alone, someone usually has to open probate. The court then appoints a personal representative, which is Florida's term for an executor, and issues letters of administration. Those letters are the proof of authority a title company will ask for.

The will matters a great deal here. Under section 733.613, a will that grants a power of sale lets the representative sell real property without court approval. However, if there is no will, or the will gives no such power, the sale can still happen, but no title passes until the court authorizes or confirms it. That extra order adds time, so build it into the contract from day one.

Some estates qualify for a shorter process. Florida's summary administration statute allows it when the estate subject to administration, minus exempt property, is worth $150,000 or less, or when the owner has been dead for more than 2 years. Ask your attorney whether that fits your family.

When the house sits in a living trust

Many Delray Beach retirees hold their homes in a revocable living trust. In that case, the successor trustee usually signs the listing agreement and the deed, often without a court case for the house. Title companies typically accept a certification of trust under section 736.1017 instead of the full trust document. As a result, a trust sale often moves faster than a probate sale. Our guide to how an executor sells a house in Florida covers the probate side in more depth.

Homestead rules for an inherited home in Delray Beach

Homestead is where Florida estates get tricky. If the house was the owner's primary residence, special rules may control who inherits it and who must sign.

First, Florida limits how a homestead can be left by will. Under section 732.4015, an owner survived by a spouse or a minor child could not freely leave the home to someone else. When that limit applies, the descent rules in section 732.401 step in. If a spouse and descendants survive, the spouse takes a life estate and the descendants take the remainder. Alternatively, the spouse can elect to take a one-half interest as a tenant in common, but that election must be made within 6 months after the death.

So the people who must sign the deed may be the heirs, not the personal representative alone. Under section 733.608, protected homestead sits outside the representative's general control. Even so, the representative may take possession of an empty homestead to preserve, insure and protect it. For that reason, title companies often ask for a court order that determines homestead status before they insure a sale. Ask your attorney about that order early.

Taxes heirs should plan for

The good news is that Florida does not tax the inheritance itself. According to the Florida Department of Revenue, a federal change ended Florida's estate tax for people who died after December 31, 2004.

Federal income tax still matters when you sell, but heirs often owe little. IRS Publication 551 says the basis of inherited property is generally its fair market value on the date of death. So if a Delray bungalow sells soon after the death for about what it was worth on that date, the taxable gain may be small. A date-of-death appraisal helps you prove that number later.

Property taxes, on the other hand, can rise. Under section 193.155, a homestead is reassessed at full just value as of January 1 of the year after a change of ownership. There are exceptions for transfers to a surviving spouse or minor child. For other heirs, though, the old Save Our Homes cap usually goes away, and the next bill can jump. That is one more reason many families sell rather than hold.

Pricing an inherited home in Delray Beach: east side vs. west side

Delray Beach is two markets in one, and an inherited house will sell to very different buyers depending on where it sits.

East of I-95: when the lot may carry the price

Near Atlantic Avenue and the beach, older one-story homes often draw builders and buyers who plan major renovations. In those cases, the land can account for most of the value. Dated finishes matter less, and a buyer may not care about the old kitchen at all. Before you spend on repairs, ask an agent whether the likely buyer would tear them out anyway.

West Delray: 55+ condos and villas

West of I-95, large age-restricted communities shape the market. Examples include Lakes of Delray, a 55+ condominium community, and Rainberry Bay, a 55+ community of 901 homes and villas. Buyers there usually need association approval, and many units are older one- and two-bedroom condos. For these homes, the condo budget, reserves and any special assessments can affect price as much as the unit's condition. In addition, condo buildings with three or more habitable stories must complete milestone inspections under section 553.899, so ask the association for those reports early.

What the local numbers say

According to Pure Equity's MLS data as of October 1, 2026, Delray Beach had 1,942 active residential listings with a median list price of $278,000 and a median of $237 per square foot. Active listings had been on the market for an average of 118 days. That median mixes condos and houses, so treat it as a snapshot of asking prices, not a home value. You can see the live figures on our Delray Beach page.

For sales across the county, Miami Realtors reported that in August 2026 the Palm Beach County single-family median sale price was $650,000, with 40 median days to contract and 3.5 months of supply. Condos and townhouses had a $300,000 median, 69 days to contract and 6.7 months of supply, per the August 2026 report. In short, houses are moving faster than condos, which matters if you inherited a west Delray unit.

Cleanout, repairs and carrying costs

Most inherited homes still hold a lifetime of belongings. Before you list, decide what family members want to keep, then plan for the rest. Many heirs hire an estate sale company, a donation pickup or a junk removal crew. Get more than one written quote and check reviews, because pricing and service vary.

Meanwhile, the house keeps costing money. Plan for these bills:

• Insurance, which may cost more or require a special policy while the home is vacant.
• Property taxes, which may rise after the homestead ends.
• HOA or condo dues, plus any special assessment already approved.
• Electric, water, lawn and pool service, since an empty Florida house needs the AC running to limit mold.

Keep every receipt. The personal representative will need them for the estate accounting, and they may affect what each heir receives.

A simple timeline for selling an inherited home in Delray Beach

1. Weeks 1 to 4: Secure the home, gather documents and hire an attorney.
2. Next: Open probate or confirm the trustee's authority. Publish the notice to creditors if probate applies.
3. Then: Get a date-of-death appraisal and a market analysis, and clear out the house.
4. Listing: Once someone has clear authority to sign, list the property. With a power of sale, you can often close while probate is still open.
5. Closing: The proceeds go to the estate or trust, and the attorney decides when heirs can be paid.

Under section 733.702, most creditor claims are barred if not filed within 3 months after the first publication of the notice. The Florida Bar adds that a simple probate estate takes about five or six months to handle. Estates with disputes or homestead questions usually take longer.

Frequently asked questions

Can I sell an inherited home in Delray Beach before probate closes?

Often, yes. If the will grants a power of sale, the personal representative can sell once the court issues letters, even while probate is still open. Without that power, the court must authorize or confirm the sale first.

Who signs the deed if the house was homestead?

It depends on the family. When protected homestead passes to the heirs, they usually sign, and a title company may want a court order that determines homestead status. Your attorney can confirm who holds title.

Will I owe capital gains tax on an inherited home in Delray Beach?

Maybe, but often not much. Your basis is generally the fair market value at the date of death, so tax applies mainly to gain after that date. Ask a tax professional about your case.

Should I fix up the house before selling?

Not always. East-side homes may sell mostly for lot value, while west-side condos depend heavily on association health. A local agent can tell you which repairs are likely to pay back.

What if the heirs disagree about selling?

Disputes are common. A power of sale may let the representative proceed, but heirs can still object in court. Mediation, or one heir buying out the others, can help.

Sources

• Florida Statutes, s. 733.613, personal representative's right to sell real property
• Florida Statutes, s. 735.201, summary administration
• Florida Statutes, s. 736.1017, certification of trust
• Florida Statutes, s. 732.4015, devise of homestead
• Florida Statutes, s. 732.401, descent of homestead
• Florida Statutes, s. 733.608, general power of the personal representative
• Florida Statutes, s. 733.702, limitations on claims against estates
• The Florida Bar, consumer pamphlet on probate in Florida
• IRS Publication 551, basis of assets
• Florida Department of Revenue, estate tax
• Florida Statutes, s. 193.155, homestead assessments
• Florida Statutes, s. 553.899, milestone inspections
• Fifteenth Judicial Circuit, Probate Division
• Miami Realtors, Palm Beach County August 2026 market report
• Lakes of Delray
• Rainberry Bay Master Association

This article is general information, not legal, tax or financial advice. Probate, homestead and tax rules depend on your family's facts, so speak with a Florida attorney and a tax professional.

Ready to talk about the family home in Delray Beach? Book a no-obligation listing consultation with a Delray Beach specialist. We will walk through pricing, timing and what to fix, and we can work alongside your attorney. Start with a free home valuation. If you plan to buy a place of your own later, our buyer agents can help with that as well. Contact our team.