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

If you have to sell an inherited house in Westlake, you are dealing with a very young city. Westlake only became a city in 2016, so most homes there are recent builds, and the builder may still be selling new homes nearby. That changes how an estate home competes. Meanwhile, the legal steps follow the same Florida probate and homestead rules as anywhere else in the state. This guide covers both, from who can sign the deed to how to price against new construction.

Key takeaways

• Title decides the route. A trust or survivorship deed can avoid probate, while a home in the owner's name alone usually needs a court-appointed personal representative.
• Florida homestead law can override a will when the owner left a spouse or a minor child.
• Westlake homes are newer, so an estate resale often competes with builder inventory. Price and present the home with that in mind.
• Check the tax bill for non-ad valorem assessments, such as the city's solid waste charge, and ask the HOA for an estoppel certificate early.
• Westlake is a small market. Pure Equity's MLS data showed 107 active listings on October 1, 2026.

Westlake in brief

Westlake incorporated on June 20, 2016, as Palm Beach County's 39th municipality. The city shares its boundary with the Seminole Improvement District, and most of its land was the former Callery-Judge Groves, about 3,788 acres farmed for more than 50 years. Palm Beach County approved Minto's large mixed-use project there in 2014. The city covers about 6.55 square miles, including water, with Seminole Pratt Whitney Road and Southern Boulevard as its main routes.

Because the city is so new, most homes for sale are less than ten years old. The 2020 Census counted only 906 residents, though the city has grown quickly since. Our post on where Westlake, Florida is covers the location and nearby towns.

First moves after a death in the family

The sale can wait a few weeks. Still, a few early steps protect the home and the estate.

• Keep utilities and the air conditioning running, because summer heat and humidity damage closed homes fast.
• Tell the insurance company the home is empty, and ask about vacancy limits.
• Let the HOA know who will handle notices and dues while the estate is open.
• Find the will, any trust and the deed, along with closing papers from the original purchase.

Also note that The Florida Bar says anyone holding an original will must deposit it with the clerk within 10 days of learning of the death.

Who can sell an inherited house in Westlake?

The deed decides who can sign. Look up the latest recorded deed in county records, or ask a title company to pull it.

Owned through a living trust

Many buyers of new homes set up trusts at closing. If the home is in a revocable trust, the successor trustee can usually sell without probate. Expect the title company to ask for the trust papers and a death certificate. Our guide to a Florida home held in a trust explains the steps.

Owned with a survivor

Spouses often take title as tenants by the entirety. When one spouse dies, the other owns the house outright. A joint tenancy with right of survivorship works the same way. The survivor records a death certificate and can then sell.

Owned by the person who died alone

In this case the estate usually needs probate. The court names a personal representative. Section 733.613 lets that person sell without a court order when the will grants a power of sale. Otherwise the court must authorize or confirm the sale before title passes.

Probate before you sell an inherited house in Westlake

Westlake is in Palm Beach County, so probate for a local resident runs through the county Clerk of the Circuit Court and the Fifteenth Judicial Circuit. There are two main paths.

Summary administration is the short path. Section 735.201 allows it when the estate subject to administration, less exempt property, is $150,000 or less, or when the owner died more than two years ago. Formal administration is the full process, and most families with a Westlake home use it because home values sit well above $150,000.

The Florida Bar says creditors with notice generally get three months to file claims. So even a simple estate stays open for at least that period. The Bar also says a personal representative should always hire a qualified attorney. You can usually list during probate, but allow time in the contract for any court approval.

Homestead rules and the surviving family

If the owner lived in the home as a primary residence, Florida's homestead laws may decide who inherits it. Many Westlake buyers moved in as full-time residents, so this comes up often.

Section 732.4015 says an owner survived by a spouse or a minor child cannot freely leave the homestead by will. The one exception is a gift to the spouse when there is no minor child. When the will cannot control the home, section 732.401 gives the spouse a life estate, with the remainder going to the descendants.

Instead, the spouse can elect a one-half interest as a tenant in common with the descendants. That election must be made within six months after the death. Since this can add owners to the title, talk with the estate's attorney before you list.

The property tax picture changes too. The owner's homestead exemption and Save Our Homes cap generally end when ownership changes. However, a newer home has had fewer years for that cap to build up, so the jump may be smaller than in an older city.

How to sell an inherited house in Westlake against new construction

This is the biggest local difference. In most cities, an estate home competes with other resales. In Westlake, buyers can often walk into a builder's model center down the road. As a result, they compare your home with a brand new one that may come with builder incentives.

That does not mean an estate home loses. A resale offers things a new build may not:

• It is finished now, with no construction wait.
• Window treatments, landscaping and upgrades are often already in place.
• The lot location is known, and buyers can see the view and the neighbors.

So present the home as move-in ready. Clean it well, touch up paint and fix small items. Then gather the original purchase papers, appliance manuals and any warranty documents the owner kept, because buyers may ask what still applies.

HOA, assessments and disclosures

Westlake neighborhoods have homeowners associations, and the tax bill can include non-ad valorem charges. For example, the city collects its residential solid waste fee as a special assessment on the property tax bill. Review the latest bill so you know every charge a buyer will see. Do not assume what other district assessments apply; check the current bill and ask the city.

For the HOA, ask for the account balance early, because dues often go unpaid after a death. Once you have a buyer, the closing agent will request an estoppel certificate. Under section 720.30851, the association has 10 business days to issue it.

Florida also requires a flood disclosure. Section 689.302 says a seller must give the buyer a flood disclosure form at or before contract signing. It covers known flood damage, flood insurance claims and disaster aid.

Cleanout tips for a newer home

A newer house usually holds fewer decades of belongings than an older family home. Even so, sorting a parent's things takes time and care.

1. Pull out papers first, including the deed, insurance policies and HOA records.
2. Let relatives pick keepsakes, and write down who took what.
3. Have valuable items appraised before anyone sells them.
4. Then use an estate sale company, donation pickup or junk removal crew, and check HOA rules on trucks and dumpsters.

Keep every receipt, since the estate often pays these costs.

Pricing when you sell an inherited house in Westlake

According to Pure Equity's MLS data as of October 1, 2026, Westlake had 107 active residential listings, a small sample. The median list price was $749,000, the median asking price per square foot was $312, and active listings had been on the market an average of 94 days. These are asking prices, not sales, and they change nightly. See the current numbers on our Westlake market page.

For closed sales, Miami Realtors reported a $650,000 single-family median in Palm Beach County for August 2026, with a median of 40 days to contract and 3.5 months of supply.

In Westlake, the best comparables are recent resales in the same neighborhood and the builder's current pricing on similar floor plans. If new homes nearby come with incentives, your price should account for that. A local agent can pull both and show you where your home fits.

Taxes after you sell an inherited house in Westlake

IRS Publication 551 says inherited property generally takes a basis equal to its fair market value on the date of death. If heirs sell soon after for about that value, the taxable gain may be small. So get a date-of-death appraisal early. The IRS lists exceptions, so a CPA should check your family's facts.

Frequently asked questions

Can I sell an inherited house in Westlake before probate ends?

Often, yes. A personal representative with authority can list and sign a contract during probate. If the will has no power of sale, the court must authorize or confirm the sale first.

Does Westlake have CDD fees?

Do not assume it does. Westlake's infrastructure district is the Seminole Improvement District. Check the current tax bill and ask the city about any special assessments before you quote a number to a buyer.

Will the builder's warranty transfer to a buyer?

It depends on the warranty terms. Find the original documents and read the transfer rules, or ask the builder directly.

How fast can we sell an inherited house in Westlake?

That depends on probate and on pricing. A clean, well-priced home can draw buyers quickly, but the estate's legal steps often set the real timeline.

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. 720.30851, HOA estoppel certificates
• Florida Statutes, s. 689.302, flood disclosure
• IRS, Publication 551, Basis of Assets
• City of Westlake, residential solid waste special assessment
• City of Westlake, Comprehensive Plan data and analysis (history of incorporation)
• BEBR, University of Florida, Florida Population: Census Summary 2020 (Westlake incorporation and 2020 count)
• U.S. Census Bureau, 2020 Gazetteer file for Florida places (area)
• Miami Realtors, Palm Beach County August 2026 market report

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

Settling a family home in Westlake? Book a no-obligation listing consultation with a Westlake specialist. We will compare your home with nearby resales and builder pricing, then plan the sale around probate. Talk with our team. If a relative wants to buy in Westlake or nearby, our buyer agents can help too.