
Selling an Inherited Home in Highland Beach: Probate, Homestead and Next Steps
October 1, 2026 · 8 min read · By Onias Derilus, Broker
Heirs selling a Highland Beach condo face probate, homestead rules and building paperwork at once. This guide covers who signs, inspections, taxes and pricing.
An inherited home in Highland Beach is most often a condo, and that shapes almost every step of the sale. The town sits on the barrier island between Boca Raton and Delray Beach, with the ocean on one side and the Intracoastal on the other. So heirs usually deal with a condo association, older buildings and inspection reports on top of Florida probate. This guide explains who can sign, how homestead rules apply, and how to price and prepare a unit when buyers are reading the building's paperwork as closely as the listing.
Key takeaways
- The personal representative can sell without a court order only if the will grants a power of sale. Otherwise, the court must authorize or confirm the sale.
- A condo that was the owner's homestead may pass straight to the heirs, which means they, not the estate, often sign the deed.
- Florida condo buildings with three or more habitable stories need a milestone inspection by the end of the year they turn 30, then every 10 years.
- Heirs generally take a basis equal to market value at the date of death, and Florida has no state estate tax for deaths after 2004.
- Highland Beach is a small, high-priced market, so association health and building condition weigh heavily on price.
What makes an inherited home in Highland Beach different
Highland Beach is a small town, and its housing is mostly condominiums along State Road A1A. A 2021 review by The Coastal Star described the barrier island as dominated by older condo buildings. That article also profiled one 25-unit oceanfront building facing a $2.5 million repair bill, roughly $100,000 per unit, for windows, waterproofing and paint.
That matters for heirs. When you get a unit, you also get its share of the building's future bills. Buyers know this, so they ask about reserves, inspections and assessments before they ask about the view. So the condo records can move the price as much as the unit does.
The town also has a limited number of listings. According to Pure Equity's MLS data as of October 1, 2026, Highland Beach had 151 active residential listings, a median list price of $980,000 and a median of $681 per square foot. Active listings had been on the market for an average of 130 days. That is a small sample of asking prices, not sale prices, so compare similar units in your own building whenever you can. Our Highland Beach page shows the current numbers.
Who has the authority to sell
Before anyone lists the condo, someone needs clear legal power to sign. That depends on how the owner held title.
Probate with a personal representative
If the unit was in the owner's name alone, an estate is usually opened in the Fifteenth Judicial Circuit. Its Probate Division has a South County courthouse at 200 West Atlantic Avenue in Delray Beach, a short drive from Highland Beach. Many heirs live out of state. So the lawyer files the papers.
The court appoints a personal representative and issues letters of administration. After that, section 733.613 lets the representative sell without court approval if the will grants a power of sale. However, without that power, no title passes until the court authorizes or confirms the sale.
A unit held in a living trust
Many coastal owners hold their condos in a revocable trust. In that case, the successor trustee usually signs the contract and deed. The trustee can give the title company a certification of trust under section 736.1017 instead of the full document. For a deeper look, read our guide to selling a Florida home held in a trust.
Small or older estates
Some estates can use summary administration under section 735.201. It may apply when the estate subject to administration, less exempt property, is $150,000 or less, or when the owner died more than 2 years ago. A protected homestead often falls outside that total, so ask your attorney.
Homestead rules for an inherited home in Highland Beach
Plenty of owners here live in town full time and claim homestead on their condo. If so, Florida's homestead rules apply.
Under section 732.4015, an owner who left a spouse or a minor child could not freely leave the homestead to someone else. In that case, section 732.401 gives the spouse a life estate and the descendants the remainder. Alternatively, the spouse may elect a one-half interest as a tenant in common, but the election must be made within 6 months of the death.
Protected homestead also sits outside the representative's general power over estate assets, per section 733.608. Still, the representative may take possession of a vacant homestead to protect and insure it. Because of these rules, title companies often ask for a court order determining homestead status before closing. Start on that order early, since it can take weeks.
On the other hand, many Highland Beach units were second homes. A condo that was not a homestead is just part of the estate. The representative sells it like any other asset.
Condo paperwork buyers will ask for
Buyers here do their homework. They start with the condo file. Gather these items as soon as you have authority:
- The current budget, the most recent reserve information and the latest financial statements.
- Any milestone inspection report. Under section 553.899, condo buildings with three or more habitable stories need one by December 31 of the year the building turns 30, then every 10 years.
- Board minutes that mention repairs, loans or special assessments.
- Rules on leasing, pets and buyer approval, since these affect who can buy.
- An estoppel certificate, which the title company orders to confirm what is owed to the association.
Meanwhile, keep paying dues on time from estate funds. Unpaid dues come out of the sale money at closing. They can also lead to liens.
Taxes heirs should expect
Florida does not tax the inheritance. The Florida Department of Revenue says a federal change ended the state's estate tax for deaths after December 31, 2004.
For federal income tax, IRS Publication 551 says the basis of inherited property is generally its fair market value at the date of death. So a unit that sells soon after the death, near that value, may show little gain. Because Highland Beach prices are high, a solid date-of-death appraisal is worth the cost.
Property taxes can change, however. Under section 193.155, homestead property is reassessed at just value as of January 1 after a change of ownership, except for transfers to a surviving spouse or minor child. If the owner bought long ago, that reset can raise the bill a lot.
Pricing an inherited home in Highland Beach
Pricing a condo here starts with your own building. Recent sales of like units, on like floors with like views, tell you more than any town average.
Next, think about the shape the building is in. A building that has finished its milestone inspection and repairs may draw more buyers than one with major work still ahead. Similarly, a pending special assessment usually lowers what buyers will pay, or it becomes part of the negotiation.
Then look at the wider market. Miami Realtors reported that in August 2026 the Palm Beach County condo and townhouse median sale price was $300,000, with 69 median days to contract and 6.7 months of supply, per the August 2026 report. Those county figures run far below Highland Beach prices, but the longer selling time for condos is a useful signal. In short, price carefully and plan for a patient sale.
Getting the unit ready
Start by clearing personal items, and let the family pick what to keep. The association may limit move-out hours or require elevator reservations, so check the rules before you book movers or an estate sale company.
After that, fix what buyers see first. A deep clean, fresh paint and working fixtures go a long way. Big jobs, like a new kitchen, rarely pay off for an estate. The buyer may tear it out anyway.
Finally, protect the unit while it sits empty. Keep the AC running at a steady setting, confirm the insurance policy covers a vacant unit, and give the manager a contact for emergencies.
Frequently asked questions
Can I sell an inherited home in Highland Beach before probate ends?
Often, yes. With letters of administration and a power of sale, the personal representative can usually sell while probate is still open. Without that power, a court order is needed first.
Does the condo association have to approve the buyer?
Many do. Read the condo rules early, and leave time for the approval in the contract.
Who pays a special assessment approved before the sale?
That depends on the contract and the assessment. Often it is negotiated between buyer and seller, so tell your agent about any assessment right away.
How long does it take to sell an inherited home in Highland Beach?
Probate alone often takes months. The Florida Bar says a simple estate takes about five or six months, and creditors generally have 3 months to file claims under section 733.702. Marketing time comes on top of that, though it can overlap.
Sources
- Florida Statutes, s. 733.613, personal representative's right to sell real property
- Florida Statutes, s. 736.1017, certification of trust
- Florida Statutes, s. 735.201, summary administration
- 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. 553.899, milestone inspections
- Florida Department of Revenue, estate tax
- IRS Publication 551, basis of assets
- Florida Statutes, s. 193.155, homestead assessments
- Florida Statutes, s. 733.702, limitations on claims against estates
- The Florida Bar, consumer pamphlet on probate in Florida
- Fifteenth Judicial Circuit, Probate Division
- Miami Realtors, Palm Beach County August 2026 market report
- The Coastal Star, older condos dominate barrier island (2021)
This article is general information, not legal, tax or financial advice. Condo, probate and homestead rules depend on the facts, so consult a Florida attorney and a tax professional.
Inherited a condo on the island? Book a no-obligation listing consultation with a Highland Beach specialist. We will review the building's paperwork, price the unit against real comparable sales and work with your attorney or trustee. Start with a free home valuation. Looking to buy on the coast yourself? Our buyer agents can help there too. Contact us.
