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

If you now own an inherited home in Palm Beach, you probably have more questions than answers. Who can sign? Does the house have to go through probate? And how do you price a dated property on an island where most buyers expect a finished home? This guide walks heirs through each step for the Town of Palm Beach, from the first phone calls to the closing table.

The island is a special case. Most homes are high value, many condos and co-ops have their own approval rules, and the town reviews exterior changes closely. So the usual advice about selling a parent's house needs a few local adjustments.

Key takeaways

• How the owner held title decides your path. A home in a revocable trust can often sell without probate, while a home in one person's name usually needs a court case first.
• Probate for the island runs through the Palm Beach County Clerk and the Fifteenth Judicial Circuit. The Florida Bar says a simple estate takes about five or six months.
• Florida homestead law can override a will when the owner left a spouse or a minor child.
• Many island condos and co-ops require board approval of the buyer, which adds time to the sale.
• Heirs usually take a tax basis equal to the value on the date of death, so a date-of-death appraisal matters.

Your first month with an inherited home in Palm Beach

Nothing has to sell right away. Still, a few early moves protect the house and the estate while the family sorts out the paperwork.

• Lock the house and collect spare keys from staff, neighbors and contractors.
• Call the insurance carrier. Many policies limit coverage on a vacant home, so ask what the company needs from you.
• Keep the power, water and air conditioning on. Island humidity can damage finishes and art quickly.
• Find the will, any trust, the deed and recent tax bills.
• If the owner lived in a condo or co-op, tell the association office about the death and ask who it will deal with.

Also, if anyone holds the original will, Florida law gives that person 10 days after learning of the death to deposit it with the clerk. In Palm Beach County, that is the Clerk of the Circuit Court and Comptroller in West Palm Beach.

Who has the power to sign the deed?

A buyer's title company will only close with the person who has legal authority to sell. After a death, that answer depends on how the deed reads. You can pull the deed from the county's official records or ask a title company to find it.

Trust-owned homes

Many island owners hold their homes in a revocable living trust. In that case, the successor trustee usually can list and sell without probate. Even so, the trustee owes duties to the people named in the trust, and the title company will ask for trust papers and a death certificate.

Survivorship and other transfers

A married couple who owned the home as tenants by the entirety pass it straight to the surviving spouse. A joint tenancy with right of survivorship works in a similar way. In these cases, the new owner records a death certificate and a few documents, and then can sell.

Homes in one person's name

If the deed lists only the person who died, someone usually must open probate. The court then appoints a personal representative, which is Florida's word for an executor. If the will gives that person the power to sell, a court order is not always needed. Otherwise, the sale needs the court's approval.

How probate works for an inherited home in Palm Beach

Probate is the court process that proves the will, pays valid debts and transfers property to the heirs. For the Town of Palm Beach, cases go to the Fifteenth Judicial Circuit, and filings run through the Florida Courts E-Filing Portal. The county clerk keeps the probate records.

Florida has two main tracks. Formal administration is the full process. Summary administration is shorter, and it can apply when the estate subject to probate, minus exempt property, is worth $150,000 or less, or when the person died more than 2 years ago. Because island homes are usually worth far more than that, most estates that hold a house in a sole name end up in formal administration.

Next, there is a waiting period for debts. Creditors get at least 3 months after the notice to creditors first runs to file claims. For that reason, the Florida Bar says a simple estate takes about five or six months. Estates with disputes, out-of-state heirs or valuable art and jewelry often take longer.

In most cases, the personal representative also needs a Florida lawyer. Florida's probate rules require one unless that person is the only one with an interest in the estate. Our page on probate and inherited property explains how our agents work alongside the family's attorney.

Homestead rules that can change who inherits

Florida protects a homestead in ways that surprise many families, especially heirs who live in other states. These rules matter if the island home was the owner's primary residence.

First, under section 732.4015 of the Florida Statutes, an owner who leaves a spouse or a minor child cannot freely leave the homestead to someone else by will. The one exception lets the owner leave it to the spouse when there is no minor child.

Second, if the home did not pass under a valid will, section 732.401 gives the spouse a life estate and the children the remainder. As an alternative, the spouse can elect a one-half interest as a tenant in common within 6 months after the death. These rules can change who must sign the deed, so get legal advice before you sign a listing agreement.

Finally, the owner's homestead exemption and Save Our Homes cap end when ownership changes. After that, the Palm Beach County Property Appraiser will tax the home at full market value on a later roll. On the island, that jump can be large, and it is one reason many heirs decide to sell rather than hold.

Condos, co-ops and town review on the island

Many island properties are condos or co-ops, and their rules shape the sale. For example, a lot of associations require board approval of a new buyer. A co-op sale can also involve an interview and financial review. So ask the association early for its approval steps and timelines.

Older buildings bring another issue. Florida now requires milestone inspections for condo and co-op buildings of three or more habitable stories once they reach 30 years of age, and local officials can set 25 years for buildings near salt water. Buyers will ask about these reports and any special assessments, so gather them before you list.

Single-family homes face a different hurdle. The town's Architectural Commission, known as ARCOM, reviews exterior changes visible from public streets on homes that are not landmarks. Landmarks go to the Landmarks Preservation Commission instead. A 2022 Florida Trend report described how long and demanding that review can be. As a result, buyers of a dated estate often price in the time and cost of approvals before a renovation starts.

Pricing an inherited home in Palm Beach

Island prices sit far above the rest of the county. According to Pure Equity's MLS data as of October 1, 2026, the Palm Beach median list price is $2,499,000 across 295 active residential listings, with a median of $1,456 per square foot. Those are asking prices for homes and condos mixed together, so they are a starting point, not a value for your property.

The same snapshot shows active listings have been on the market for an average of 183 days. That is longer than in most of the county, and it tells heirs to plan for patience. By comparison, Miami Realtors reported that in August 2026 the countywide single-family median sale price was $650,000, with a median of 40 days to contract.

Condition matters a great deal here. An oceanfront estate with original 1970s baths competes with newly built homes, so a buyer will deduct the cost of a full renovation plus the approval time. A careful comparative market analysis looks at sales of similar dated homes, not just finished ones.

Cleanout and staging for a seasonal market

Island homes often hold fine furniture, art and collections. Before anything leaves the house, take these steps in order.

1. Pull out papers first, such as wills, deeds, statements, insurance policies and tax returns.
2. Let family members choose keepsakes, and keep a written list of who took what.
3. Have art, jewelry and antiques appraised by a qualified appraiser before any sale.
4. Then use an estate sale firm, an auction house or donation for the rest.

Timing also matters on the island. Many buyers are seasonal residents who arrive in late fall and stay through spring. So if probate allows, aim to have the home clean, repaired and photographed before the season starts. Keep receipts for every cost, since the estate often pays them.

Is an as-is sale right for an inherited home in Palm Beach?

Many heirs live out of state and do not want to manage a renovation through town review. In that case, selling as is can make sense. You price for the condition, disclose what you know, and let the buyer plan the work.

Other families make small fixes first, like paint, landscaping and a deep clean. A good agent can show both paths side by side with real numbers. You can start with a free home value estimate and then refine it with a local review.

Taxes after the sale

Most heirs benefit from a stepped-up basis. Under IRS rules, your basis in an inherited home is generally its fair market value on the date of death. If an estate tax return was filed, the value on that return usually sets the basis. So a sale soon after the death at a similar price may produce little or no taxable gain.

That is why a date-of-death appraisal is worth ordering early. On high-value island property, the estate may also face federal estate tax questions, so bring in a CPA or estate attorney before you set a price.

Frequently asked questions

Can we sell an inherited home in Palm Beach during probate?

Often, yes. The personal representative can list the home once appointed, as long as the will grants the power to sell or the court approves the sale. Build time for any court order into the contract.

How long does probate take in Palm Beach County?

The creditor period alone lasts at least 3 months after the notice runs. The Florida Bar says a simple estate takes about five or six months, and complex estates take longer.

Does a co-op board have to approve the buyer of an inherited unit?

Many island co-ops and condos do require approval. Read the association documents and ask the manager for the steps, the forms and the usual timeline.

Do heirs owe capital gains tax on an inherited home in Palm Beach?

Only on any gain above your basis, which is usually the value on the date of death. Ask a tax professional how it applies to your estate.

Sources

• Florida Statutes, s. 732.401 descent of homestead
• Florida Statutes, s. 732.4015 devise of homestead
• Florida Statutes, s. 735.201 summary administration
• Florida Statutes, s. 733.702 creditor claims
• Florida Statutes, s. 553.899 milestone inspections
• The Florida Bar, Probate in Florida
• Palm Beach County Clerk, probate of estates
• Florida Trend, Palm Beach homeowners and the Architectural Commission (2022)
• IRS, Publication 551: Basis of Assets
• Palm Beach County Property Appraiser, homestead exemption
• Miami Realtors, Palm Beach County August 2026 market report

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

Settling an estate on the island? Book a no-obligation listing consultation with a Palm Beach specialist. We can help you price the home, plan around probate and time the listing for the season. Talk with our team. If an heir would rather buy a home nearby, our agents can help with that search too.