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

Probate in West Palm Beach is the court process most families go through before they can sell a loved one's home. West Palm Beach is also the county seat, so Palm Beach County's main courthouse sits downtown, a short drive from many of the homes involved. This guide explains how probate works, how Florida homestead law can change who inherits, and how to prepare and price a historic house, an older ranch home or a downtown condo.

Key takeaways

• Not every inherited home needs probate. A trust or a survivorship deed can let the family sell without a court case.
• When probate is needed, the court appoints a personal representative, who can sell without a court order only if the will grants a power of sale.
• Even a simple Florida probate stays open for at least the three-month creditor claim period, according to The Florida Bar.
• West Palm Beach has 17 historic districts, and exterior work on a historic property needs city approval before permits are issued.
• Pure Equity's MLS data showed 2,283 active residential listings in West Palm Beach on October 1, 2026, with a $315,000 median list price.

Does the home need probate in West Palm Beach?

Start with the most recent deed. It shows how the owner held title, and that decides whether a court case is needed at all.

Homes that usually skip probate

If the owner put the house in a revocable living trust, the successor trustee can usually sell it without going to court. Likewise, spouses who owned as tenants by the entirety, or co-owners with a right of survivorship, pass the home straight to the survivor. In these cases, the title company asks for a death certificate and supporting papers, and then the sale can move ahead.

Homes that usually need probate

If the deed lists only the person who died, someone usually must open an estate. The court then appoints a personal representative, Florida's term for an executor. That person collects assets, pays valid debts and, when needed, sells the house.

Our page on probate and inherited property explains how Pure Equity works alongside the family's attorney during this stage.

How probate in West Palm Beach works, step by step

Estates of Palm Beach County residents are handled by the Fifteenth Judicial Circuit, and the Clerk of the Circuit Court keeps the files. The county's main courthouse is on North Dixie Highway in downtown West Palm Beach. Here is the usual order of events.

1. Deposit the will. The Florida Bar says anyone holding an original will must deposit it with the clerk within 10 days of learning of the death.
2. Hire an attorney. The Bar advises every personal representative to work with a qualified attorney.
3. Open the estate. The attorney files a petition, and the court issues letters naming the personal representative.
4. Notify creditors. Creditors who receive notice generally have three months to file claims.
5. Sell or distribute. The personal representative sells the home or transfers it to the heirs, then closes the estate.

Formal or summary administration

Florida offers a shorter track called summary administration. Under section 735.201, it is available when the estate subject to administration, less exempt property, is $150,000 or less. It also applies when the person died more than two years ago. Since most West Palm Beach homes are worth more than $150,000, families usually go through formal administration unless two years have passed.

Who can sign the deed during probate in West Palm Beach?

Section 733.613 of the Florida Statutes sets the rule. If the will gives the personal representative a power of sale, that person can sell the house without a court order. If the will has no power of sale, or a limited one, the sale can still happen, but title does not pass until the court authorizes or confirms it.

So read the will closely before you list. A contract with an estate should name the seller correctly and allow enough time for any court step. Also, buyers in this case take title free of the estate's creditor claims, while existing mortgages and liens stay attached until paid at closing.

Homestead rules that can change who inherits

Florida protects a homestead more than most states do. If the house was the owner's primary residence, these rules may apply even when the will says otherwise.

Section 732.4015 bars an owner survived by a spouse or a minor child from freely leaving the homestead by will. The only exception is a gift to the spouse when there is no minor child. If the will cannot control the home, section 732.401 gives the spouse a life estate, and the descendants receive the remainder.

Instead of the life estate, the spouse may elect a one-half interest as a tenant in common. That election must be filed within six months after the death. In either case, more family members may need to sign the deed, so settle this with the estate's attorney first.

The tax break changes as well. The owner's homestead exemption and Save Our Homes cap generally end with the change of ownership. After that, a later tax roll can reflect full market value. For heirs who live elsewhere, that higher bill is often a reason to sell.

Preparing a West Palm Beach home for sale

West Palm Beach has three very different kinds of housing, and each one needs its own plan.

Historic neighborhoods

The city has 17 historic districts, nine of them on the National Register of Historic Places. They include areas such as El Cid, Flamingo Park and Old Northwood. Under city rules, exterior changes to a historic property are reviewed by staff or the Historic Preservation Board, and that approval comes before any permit. So skip big exterior projects during the estate sale. Instead, let buyers who love older homes plan their own changes. Our guide to Old Northwood shows what those buyers look for.

Downtown and waterfront condos

Many inherited homes in the city are condos. Under section 553.899, condo buildings three or more stories tall need a milestone inspection by December 31 of the year the building turns 30, then every 10 years. Buyers and lenders will ask about the inspection, the reserves and any special assessments. Contact the association early, and request the documents a buyer will need.

Older single-family homes

Ranch and block homes from the 1950s through the 1980s are common across the city. Many still have original roofs, windows or electrical panels. A pre-listing inspection can show what buyers and insurers will flag, so you can decide what to fix and what to disclose.

Cleanout, disclosure and vacancy

Emptying the home is often the slowest part of the process. Pull out important papers first, then let relatives choose keepsakes. After that, bring in an estate sale company, a donation service or a junk removal crew. Keep every receipt, because the estate usually pays these costs.

Meanwhile, keep the power and air conditioning on to prevent mold, and ask the insurer about vacancy limits. For a condo, tell the association who to contact while the estate is open.

Florida also requires a flood disclosure. Under section 689.302, the seller gives the buyer a flood disclosure form at or before contract signing. It asks about past flood damage, insurance claims and disaster aid. Heirs may not know the history, so check the owner's files and answer with what you know.

Pricing after probate in West Palm Beach

According to Pure Equity's MLS data as of October 1, 2026, West Palm Beach had 2,283 active residential listings with a median list price of $315,000. The median asking price per square foot was $245, and active listings had been on the market an average of 120 days. Those figures mix condos and houses, and they are asking prices. See the live numbers on our West Palm Beach market page.

For closed sales countywide, Miami Realtors reported that in August 2026 the single-family median 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. In other words, a single-family estate home sells into a tighter market than a condo does.

Because the city mixes so many home types, use comparables from the same neighborhood or building. Then adjust for condition, since an untouched estate home rarely matches a remodeled one.

Taxes heirs should plan for

IRS Publication 551 says inherited property generally takes a basis equal to its fair market value on the date of death. If the estate sells soon after for close to that value, the taxable gain may be small. So order a date-of-death appraisal early. There are exceptions, such as appreciated property the heir gave the owner within a year before death, so a CPA should review the details.

Frequently asked questions

How long does probate in West Palm Beach take?

It depends on the estate. The Florida Bar notes that even a simple estate stays open for at least the three-month creditor claim period. Disputes, missing heirs or title problems can add months.

Can a house be listed before probate in West Palm Beach is finished?

Often, yes. A personal representative with authority can list the home and sign a contract. If the will lacks a power of sale, the court must authorize or confirm the sale first.

Do I need a lawyer for probate?

The Florida Bar says a personal representative should always engage a qualified attorney. Your real estate agent handles the sale, but not the court case.

Can we sell a historic home as-is?

Yes. Many estates do. Disclose what you know, and remember that later exterior changes will need city historic approval, which buyers should factor in.

Sources

• The Florida Bar, Probate in Florida
• Florida Statutes, s. 733.613, sale of real property
• Florida Statutes, s. 735.201, summary administration
• Florida Statutes, s. 732.401, descent of homestead
• Florida Statutes, s. 732.4015, devise of homestead
• Florida Statutes, s. 553.899, milestone inspections
• Florida Statutes, s. 689.302, flood disclosure
• IRS, Publication 551, Basis of Assets
• City of West Palm Beach, Historic Preservation
• Pankauski Law Firm, West Palm Beach probate court location (2014)
• 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 speak with a Florida probate attorney and a tax professional before you act.

Selling a loved one's home in West Palm Beach? Book a no-obligation listing consultation with a West Palm Beach specialist. We will price the home for its condition and neighborhood and time the listing around the estate's court steps. Talk with our team. If anyone in the family is buying in the area, our buyer agents can help with that search too.