Selling Your Parents' Home After Death in Florida: Probate, Homestead and Timing

Selling parents home after death is one of the hardest jobs a family takes on. You are grieving, and at the same time you face court papers, bills and a house full of memories. In Florida, the path depends on how your parent held title, whether there is a will or a trust, and whether the home was a homestead. This guide explains each piece in plain terms for families in Palm Beach County, from who can sign to how to price the home.

Key takeaways

• How your parent held title decides the path. A home in a revocable trust can often sell without probate, while a home in your parent's sole name usually needs a court process first.
• Florida homestead rules can override a will. If your parent left a spouse or a minor child, the law limits who can inherit the home.
• Summary administration is a shorter court process. It can apply when the estate, minus exempt property, is $150,000 or less, or when your parent died more than 2 years ago.
• Creditors get at least 3 months after the notice to creditors runs. The Florida Bar says a simple probate takes about five or six months.
• Heirs usually get a tax basis equal to the home's value on the date of death, which can shrink or erase the taxable gain on a sale.

First steps when selling your parents' home after a death

Take a breath before you do anything with the house. Nothing has to sell this month. However, a few early steps protect the home and the estate.

• Secure the home. Change the locks if many people have keys, and stop mail from piling up.
• Call the homeowners insurance company. Many policies limit coverage on a vacant home, so ask what you need to do.
• Keep the power, water and AC running. In South Florida heat, a home without AC can grow mold fast.
• Find the will, any trust papers and the deed.
• Do not sell or give away anything of value until you know who has the legal right to do so.

If someone holds the original will, Florida law gives them 10 days after learning of the death to file it with the clerk of court in the county where the estate will be handled.

Who can sign the deed?

Only the legal owner, or someone with legal authority, can sell. After a death, that depends on how the home was titled. Pull a copy of the deed from the Palm Beach County Clerk's official records, or ask a title company to do it.

The home was in a revocable trust

If your parent put the home in a revocable living trust, the successor trustee named in the trust usually can sell it. In most cases, no probate is needed for that home. The trustee still has duties to the people named in the trust, and the title company will ask for the trust papers and a death certificate.

The home passed by survivorship or a deed

Some homes pass outside probate on their own. For example, a home that a married couple owned as tenants by the entirety goes straight to the surviving spouse. A joint tenancy with right of survivorship works in a similar way. Some owners also use a life estate deed that names who gets the home. In these cases, the new owner often only needs to record a death certificate and some paperwork.

The home was in your parent's sole name

If the deed lists only your parent, someone usually must open probate. The court then names a personal representative, the Florida term for an executor. That person, or the heirs together, will sign the deed. Under Florida law, if the will gives the personal representative the power to sell, a court order is not always needed. Without that power, the representative needs the court's approval.

Probate basics for selling parents home after death

Probate is the court process that proves the will, pays debts and moves property to the heirs. In Palm Beach County, the Fifteenth Judicial Circuit handles it, and filings go through the state's e-filing portal.

Florida has two main types. Formal administration is the full process. Summary administration is shorter, and it can apply when the estate subject to probate, minus property exempt from creditors, is worth $150,000 or less. It can also apply when the person died more than 2 years ago.

Most families need a lawyer for this. Florida's probate rules require a personal representative to have a Florida attorney unless that person is the only one with an interest in the estate. Also, creditors get at least 3 months after the first notice to creditors runs to file claims. Because of that window, the Florida Bar says a simple estate takes about five or six months.

You can often list the home while probate is open, as long as the person who will sign has the authority and the contract allows time for any court approval. Our page on probate and inherited property shows how we help families through this stage.

Florida homestead rules when selling parents home after death

Florida protects a homestead in special ways, and those rules can surprise families. If your parent's home was a homestead, three questions matter.

Was there a surviving spouse or a minor child?

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

If the home did not pass under a valid will, section 732.401 applies. The spouse gets a life estate, and the children get the rest. As another option, the spouse can choose a one-half share as a tenant in common within 6 months after the death. That choice is final once recorded. These rules can change who has to sign the deed, so get legal advice before you list.

Was your parent the last owner to die?

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

What happens to the property tax break?

Your parent's homestead exemption and Save Our Homes cap end with the change of owner. The home is then taxed at full market value on a later tax roll, unless a new owner who qualifies applies for homestead. That higher tax bill is one more reason some families choose to sell rather than hold.

Cleaning out the house

For many families, the cleanout is the hardest part. Give yourself time, and split the work into stages.

1. Pull out papers first, such as wills, deeds, bank records, tax returns and insurance policies.
2. Let family members choose keepsakes, and write down who took what.
3. Get items of real value appraised before anyone sells them.
4. Then sell, donate or haul away the rest. Estate sale companies and junk removal crews can handle much of this.

Keep receipts for these costs. In many cases the estate pays them, and they can matter for taxes later.

Pricing when selling your parents' home after a death

Inherited homes in Palm Beach County are often older and lived in for decades. As a result, they may need updates that newer homes do not. Price the home for its real condition, not for what the neighbor's remodeled house sold for.

The market gives some context. In August 2026, the county's single-family median price was $650,000, and homes took a median of 40 days to go under contract, according to Miami Realtors. The condo median was $300,000, with 69 days to contract. Those are countywide figures, so ask for a comparative market analysis built on sales near your parent's street.

Many families sell as is, because they do not want to manage repairs from a distance. Others make small fixes, like paint, flooring and a deep clean, to reach more buyers. A local agent can show you both numbers. Prices also vary a lot by town, from Delray Beach to Boca Raton to West Palm Beach.

Taxes when selling parents home after death

The good news for most heirs is the 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 if you sell soon after the death at about the same price, there may be little or no taxable gain.

That is why a date-of-death appraisal is worth getting, even if you plan to sell quickly. It gives you a record of the value the IRS will look at. Our post on taxes on selling a house in Florida covers the rest of the tax picture. Ask a CPA how it applies to your family.

Frequently asked questions

Do we have to go through probate before selling parents home after death?

Not always. A home in a revocable trust, or one that passed by survivorship, can often sell without probate. A home in your parent's sole name usually needs a court process first so someone has the authority to sign.

How long does probate take in Florida?

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 estates with disputes or problems take longer.

Can one sibling refuse to sell an inherited home?

It depends on the title and the will. If the personal representative has the power to sell, a sibling may not be able to block it. If the heirs own the home together, they may need to agree, or one may ask a court to step in. A probate attorney can explain your options.

Do we pay capital gains tax on an inherited home?

Only on gain above your basis, which is usually the value on the date of death. A sale soon after the death at a similar price often produces little or no gain.

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. 733.613 sale of real property
• Florida Statutes, s. 732.901 deposit of wills
• The Florida Bar, Probate in Florida
• Florida Probate Rules, including Rule 5.030
• 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 rules depend on your family's facts, so talk with a Florida probate attorney and a tax professional before you act.

Settling a parent's estate? Pure Equity can help you price the home, plan the cleanout and time the listing around probate. Book a no-obligation listing consultation, or start with a free home value report. Talk with our team. If a family member wants to buy a home nearby instead, our agents can help with that search too.