Quick Answer
In Florida, an inherited house usually must go through probate if the property was owned solely in the deceased person’s name. Probate may not be required if the home was held in a trust, owned jointly with survivorship rights, or transferred through a Lady Bird deed.
Inheriting a house in Florida can feel overwhelming. In addition to the emotional impact of losing a loved one, heirs often face legal questions, financial decisions, and responsibilities related to the property. One of the most common questions families ask is:
Does an inherited house have to go through probate in Florida?
The answer depends on several factors, including how the property was owned, whether there is a surviving spouse, and how the title to the home was structured.
Below is a practical guide explaining when probate is required, when it may be avoided, and what heirs should know when inheriting real estate in Florida.
What Is Probate?
Probate is the court-supervised legal process used to transfer ownership of a deceased person’s assets to their heirs or beneficiaries.
During probate, the court will typically:
• Validate the will (if one exists)
• Appoint a personal representative to manage the estate
• Identify heirs and beneficiaries
• Pay any debts or outstanding obligations
• Transfer ownership of assets, including real estate
If a home was owned solely by the deceased person, the property will usually need to go through probate before it can legally be sold or transferred.
When an Inherited House Does NOT Have to Go Through Probate
In some situations, a property can pass directly to heirs without going through probate.
Common examples include:
Joint Ownership With Rights of Survivorship
If the property was owned as joint tenants with rights of survivorship, ownership automatically transfers to the surviving owner when one owner passes away.
The surviving owner typically only needs to record the death certificate with the county.
Tenancy by the Entireties (Married Couples)
Many married couples in Florida own property as tenants by the entireties.
When one spouse dies, the surviving spouse automatically becomes the sole owner of the property.
No probate is required for the transfer.
Living Trust Ownership
If the home was placed in a revocable living trust, the property can pass directly to the beneficiaries listed in the trust.
Because the trust owns the property, the probate court is not involved in transferring ownership.
Enhanced Life Estate Deed (Lady Bird Deed)
Florida allows a special type of deed called an enhanced life estate deed, often referred to as a Lady Bird deed.
This allows the property owner to:
• maintain full control of the property during their lifetime
• name a beneficiary who automatically receives the property at death
When properly structured, the home can transfer without probate.
When an Inherited House Must Go Through Probate in Florida
Probate is typically required if the deceased person owned the home:
• in their name alone, or
• as tenants in common with another owner
In these cases, the property becomes part of the person’s estate and must go through the probate process before ownership can legally transfer.
Until probate is opened and the court appoints a personal representative, heirs usually cannot sell the property.
A Common Misconception About Wills and Inherited Property
One of the biggest misconceptions about inherited real estate is that having a will automatically avoids probate. In reality, that is not the case.
Even if a will clearly states that a home should go to a specific person, the property will usually still need to go through probate if the home was titled solely in the deceased person’s name.
This is because a will does not transfer ownership by itself. Instead, the probate court must first validate the will and authorize the transfer of the property to the named beneficiary.
In most cases, probate can only be avoided if the property was structured to transfer automatically at death. This may include:
• placing the home in a living trust
• holding the property as joint tenants with rights of survivorship
• owning the property as tenants by the entireties between spouses
• using an enhanced life estate deed (Lady Bird deed)
If none of these arrangements were made before death, the inherited house will typically need to go through the probate process before it can be sold or transferred.
How Long Probate Takes in Florida
The probate timeline in Florida can vary depending on the size of the estate, whether there is a valid will, and whether any disputes arise among heirs or creditors.
In general, probate cases fall into two categories:
Summary Administration
Summary administration is used for smaller estates. This process may be available if:
• the total value of the estate is less than $75,000, or
• the person has been deceased for more than two years
Summary probate is usually faster and may take one to three months once the petition is filed with the court.
Formal Probate Administration
Formal probate is the most common process when real estate is involved. In this type of case, the court appoints a personal representative to manage the estate.
Typical steps include:
- Filing the probate petition with the court
- Appointing the personal representative
- Notifying creditors and heirs
- Paying debts and expenses
- Receiving court approval to transfer or sell assets
Formal probate in Florida typically takes six to twelve months, although more complex estates may take longer.
Responsibilities During Probate
While probate is in progress, the heirs or personal representative are usually responsible for maintaining the property. This can include:
• property taxes
• homeowners insurance
• utilities
• basic maintenance and upkeep
Because of these ongoing costs, many families choose to sell the inherited home once probate allows the property to be transferred or listed for sale.
What Heirs Should Do First After Inheriting a House
If you believe you may have inherited a home in Florida, the first steps usually include:
- Determine how the property is titled
- Locate the will or trust documents
- Consult with a probate attorney if necessary
- Understand ongoing costs related to the property
- Decide whether to keep, rent, or sell the home
Each estate situation is different, and the best path forward often depends on the family’s goals and the condition of the property.
Selling an Inherited House in Florida
Many heirs decide to sell inherited property, particularly when:
• they live out of state
• the home requires repairs or updates
• multiple heirs share ownership
• maintaining the property becomes difficult
In many cases, selling the home can simplify the estate process and allow heirs to divide the proceeds.
Need Help Navigating an Inherited Property?
Every estate situation is unique, and understanding the legal and practical steps involved can make the process far less stressful.
If you have inherited a property in Southwest Florida and are unsure where to start, SWFL Estate Solutions helps families navigate estate property transitions.
From coordinating cleanouts and preparing the home for sale to helping heirs understand their options, we assist families through every step of the process.
👉 Contact us to learn how we can help with your inherited property.
Nicole Murphy is a real estate advisor and founder of SWFL Estate Solutions, helping families across Southwest Florida navigate inherited property, probate real estate, and estate transitions.
