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Selling an Inherited House in Florida: Probate Title Company

Looking for a trusted selling an inherited house in florida? Title Company of Florida handles title insurance, escrow, and closings with clear pricing and fast communication.

Selling an inherited house in Florida takes more than a normal closing. Title Company of Florida handles probate and inherited property closings in Jacksonville, St. Augustine, and across Florida, working alongside your family’s probate attorney so the sale closes cleanly and every heir is paid correctly.

How Selling an Inherited House Works in Florida

  1. Find out how the property was owned. A home held in a living trust, with a surviving spouse as tenants by the entirety, or with a right of survivorship may pass without probate. A home in the deceased person’s name alone usually needs a probate order before it can be sold.
  2. Open probate if needed. Your attorney files in the county where the person lived: the Fourth Judicial Circuit for Duval County or the Seventh Judicial Circuit for St. Johns County. Florida has summary administration for smaller estates (non-exempt assets of $75,000 or less, or when the person died more than two years ago) and formal administration, where the court appoints a personal representative.
  3. Confirm who can sign. In formal administration the personal representative signs with Letters of Administration. If the will gives a power of sale, the representative can usually sell without a separate court order. If not, the court may need to authorize the sale.
  4. Clear title. We search title, order payoffs for any mortgage, and check for liens, unpaid taxes, code violations, and open permits. Our underwriter sets the requirements for an estate sale, and we tell you early exactly what the file needs.
  5. Sign and close. Heirs and the personal representative can sign in person, with a mobile notary, or by remote online notarization from anywhere in the United States.
  6. Pay everyone correctly. We pay off liens and closing costs and disburse the proceeds to the estate account or the heirs, as the court order, the will, or your attorney directs.

Florida Homestead Property

A Florida homestead is treated differently from other property when its owner dies. It generally passes to heirs under the Florida Constitution rather than through the estate. Title underwriters usually require a court order determining homestead status before an heir can sell, and there are limits on how homestead can be left in a will when there is a surviving spouse or minor child. Your probate attorney handles the order; we make sure it satisfies the title requirements before closing day.

Common Problems We Solve

  • Heirs in different states: each heir signs from home through a mobile notary or online notarization. We do not close with signers outside the United States, as part of our fraud prevention policy.
  • Old mortgages and liens: we track down payoff amounts and get old satisfied mortgages properly released.
  • Tangled title: when the deed was never updated after an earlier death, we identify what is missing so your attorney can fix it.
  • Property in a trust: the successor trustee signs with a certification of trust, usually without probate.
  • Cash buyer offers: if an investor offers to buy the house, we close it the same careful way, including double closings with full disclosure to the estate.

Taxes When You Sell Inherited Property

Florida has no state inheritance tax or state income tax. For federal capital gains, inherited property generally gets a stepped-up cost basis equal to its value on the date of death, which often means little or no gain on a prompt sale. Every estate is different, so talk with your CPA before you sell. We do not give tax or legal advice.

Why Families Choose Title Company of Florida

  • Florida Licensed Title Agency (License #G324751) with E&O coverage, a surety bond, and general liability coverage.
  • Experience with estate, trust, and court-ordered sales.
  • Strict wire fraud prevention: we never send or change wiring instructions by email alone.
  • Clear, upfront fees. See our Florida seller closing cost table.

Talk With Us About an Inherited Property

Tell us the property address, the county, and where the estate stands, and we’ll explain what the closing will need. You can also open a title order once you have a contract.

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Ready to get started? Contact our selling an inherited house in florida team or get a title insurance quote.