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

Handling probate in Palm Beach Gardens usually starts with a house. A parent or relative has died, the home sits in a golf community or a family neighborhood, and now the heirs need to know who can sell it and when. This guide explains the court process, Florida's homestead rules and the practical work of preparing and pricing an inherited home in the Gardens.

The local market adds its own twist. Older homes in established communities compete with newer construction for the same buyers. So the way you prepare and price the house can matter as much as the legal steps.

Key takeaways

• Probate cases for Palm Beach Gardens are handled by the Fifteenth Judicial Circuit, and the county clerk has a North County office on PGA Boulevard.
• A home held in a revocable trust can often sell without probate. A home in one person's name usually cannot.
• The Florida Bar says a simple estate takes about five or six months, partly because creditors get at least 3 months to file claims.
• Homestead law can limit who inherits when the owner left a spouse or a minor child.
• Golf and gated communities may have approval, transfer or club rules that affect the sale, so read the documents early.

Start here before you list

Grief and paperwork arrive at the same time, so keep the first steps simple. These moves protect the property while the family gets organized.

• Secure the house, and tell the gatehouse or HOA office who should have access.
• Call the insurance company and ask about coverage for a vacant home.
• Keep the utilities and AC running to prevent mold.
• Gather the will, any trust, the deed, HOA statements and tax bills.
• Keep paying the mortgage, HOA dues and insurance from estate funds if you can.

Also, whoever has the original will must deposit it with the clerk within 10 days of learning of the death. That is a Florida law requirement, not just good practice.

Do you need probate in Palm Beach Gardens?

Not every inherited home goes through court. The deed tells you which path applies, so start by pulling it from the county's official records.

Homes in a revocable trust

If the owner put the house into a revocable living trust, the successor trustee can usually sell it without probate. The trustee will need the trust papers and a death certificate for the title company. The trustee also owes duties to the trust's beneficiaries, so clear communication with siblings helps.

Homes that pass by survivorship

A married couple who held title as tenants by the entirety pass the home straight to the surviving spouse. A joint tenancy with right of survivorship works in a similar way. In both cases, the survivor records a death certificate and can then sell.

Homes in a sole name

When only the person who died is on the deed, probate is usually required. The court appoints a personal representative to handle the estate. If the will gives that person the power to sell real estate, the sale may not need a separate court order. If not, the representative asks the court to approve it.

How probate in Palm Beach Gardens works

Palm Beach Gardens sits in the Fifteenth Judicial Circuit, which covers all of Palm Beach County. Filings go through the Florida Courts E-Filing Portal. For mailed items, the circuit lists the clerk's North County office at 3188 PGA Boulevard as one of its probate locations, along with offices in West Palm Beach and Delray Beach.

Florida offers two main tracks. Formal administration is the standard process. Summary administration is faster and can apply when the probate estate, minus exempt property, is worth $150,000 or less, or when the person died more than 2 years ago. Since most Gardens homes are worth far more than that, a house in a sole name usually goes through formal administration.

Next comes the creditor window. Creditors have at least 3 months after the notice to creditors first runs to file claims. Because of that, the Florida Bar says even a simple estate takes about five or six months. Disputes between heirs, missing documents or debts can stretch it further.

In most cases the personal representative needs a Florida attorney. The state's probate rules require one unless that person is the only one with an interest in the estate. Our probate and inherited property page shows how we work with the family's lawyer on the real estate side.

Homestead rules after a death

Florida's homestead rules protect a surviving spouse and minor children. They can also override what a will says, so check them before you plan a sale.

Under section 732.4015 of the Florida Statutes, an owner who leaves a spouse or a minor child cannot freely leave the homestead to anyone else. The exception allows a gift to the spouse when there is no minor child. If the home did not pass by a valid will, section 732.401 gives the spouse a life estate and the children the remainder. The spouse can instead choose a one-half share as a tenant in common within 6 months after the death.

When there is no spouse and no minor child, the limits on a will usually do not apply. Even then, many title companies want a court order confirming the home's homestead status before they insure the sale. Ask your attorney about that step early so it does not delay closing.

Finally, the homestead exemption and Save Our Homes cap end with the change of ownership. The Palm Beach County Property Appraiser will then assess the home at full market value on a later tax roll, unless a qualifying new owner applies for homestead.

HOA, club and gate rules in the Gardens

Many Palm Beach Gardens homes sit in gated or golf communities, such as PGA National and BallenIsles. These communities often have their own steps for a sale. Some HOAs ask for an application or an approval of the buyer. Others charge a transfer or capital contribution fee, and some clubs tie membership rules to the home.

So request the governing documents, the current dues and any pending assessments from the association before you list. Buyers will ask about them, and surprises late in a deal can sink it. If the home is a condo or villa, also ask about reserves and recent building inspections.

Cleanout for an estate sale

Most families find the cleanout harder than the legal work. Break it into stages so no one has to decide everything in one weekend.

1. Pull out important papers first, including bank records, tax returns and insurance policies.
2. Let heirs choose keepsakes, and keep a written record.
3. Get jewelry, art and golf memorabilia of real value appraised before anyone sells it.
4. After that, use an estate sale company, donation and a hauling crew for the rest.

Keep every receipt. The estate often pays these costs, and they can matter at tax time.

Pricing after probate in Palm Beach Gardens

According to Pure Equity's MLS data as of October 1, 2026, the Palm Beach Gardens median list price is $899,000, with a median of $419 per square foot across 799 active residential listings. Those are asking prices for houses and condos together, so they set context rather than a value for one home.

The same data shows active listings have been on the market for an average of 110 days. For a countywide view of actual sales, Miami Realtors reported an August 2026 single-family median sale price of $650,000, with a median of 40 days to contract.

An inherited home in the Gardens is often a 1980s or 1990s house with original kitchens and baths. That home competes with remodeled resales and newer construction nearby. As a result, buyers compare finishes closely, and a dated home needs a price that reflects the work ahead. A comparative market analysis built on similar dated sales gives a clearer number than any citywide median.

Many heirs sell as is, especially if they live out of town. Others paint, replace flooring and refresh landscaping to reach more buyers. You can get a starting point with a free home value estimate, then ask a local agent to compare both options.

Taxes on the sale

The stepped-up basis helps most heirs. 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. As a result, a sale soon after the death at a similar price may produce little or no taxable gain.

Order a date-of-death appraisal early, even if you plan to sell fast. Our post on taxes when selling a house in Florida covers the wider picture, and a CPA can apply it to your estate.

Frequently asked questions

Where is probate in Palm Beach Gardens filed?

Cases are filed electronically with the Fifteenth Judicial Circuit through the state e-filing portal. The clerk's North County office on PGA Boulevard handles mailed probate documents.

Can we list the home before probate in Palm Beach Gardens ends?

Often, yes. Once the court appoints the personal representative, that person can list the home if the will grants the power to sell or the court approves the sale.

Does the HOA have to approve the buyer?

Some Gardens communities do require an application or approval. Read the governing documents and ask the management company for its process and timeline.

How long does probate in Palm Beach Gardens take?

Expect at least the 3-month creditor period. The Florida Bar says a simple estate takes about five or six months, and harder cases take longer.

Sources

• Fifteenth Judicial Circuit, Probate Division
• Palm Beach County Clerk, probate of estates
• 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
• The Florida Bar, Probate in Florida
• 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 and homestead outcomes depend on your family's facts, so talk with a Florida probate attorney and a tax professional before you act.

Selling a home through an estate? Book a no-obligation listing consultation with a Palm Beach Gardens specialist. We can help you price the home, work with your attorney's timeline and prepare it for buyers. Contact Pure Equity. If someone in the family wants to buy nearby, our agents can help with that search as well.