Why Florida’s Inherited Property Laws Matter

Inheriting property in Florida can feel overwhelming. From legal paperwork to taxes, the process is full of rules that confuse even lifelong residents. Did you know Florida’s homestead laws protect heirs in different unique ways? Or that selling an inherited home might require unexpected steps? That’s why it is very important to understand the complexities of Florida’s inheritance laws.​

In this guide, we will break down everything you need to know. Let’s start solving the mystery together.

Major Inherited Property Laws in Florida

Florida’s inherited property laws dictate how a person’s assets will be distributed after they die. These laws decide who gets the deceased’s property, how debts are repaid, and the process for passing ownership. ​

Florida’s laws guarantee fairness for heirs but need attention to detail. Here is what you need to understand first.

Homestead Freedom

Florida offers a homestead exemption that shields primary homes from creditors. If the deceased lived in the home, then heirs could inherit it free from claims for any debts. There is a catch however, the property can be transferred to a spouse, child or any family member by Florida’s Constitution.

Probate Process

Probate is required for most inherited properties. Probate is a court process that validates the deceased person’s will. If there’s no will, then under Florida’s intestate succession laws, the laws determine who inherits the property. For instance, spouses and children normally take precedence over the other relatives and family members.

Spousal Rights

A surviving spouse mostly gets 30% of the estate, even if the will says otherwise. This “elective share” avoids disinheritance.

What to Expect, when Selling Inherited Property in Florida

Selling an inherited house in Florida in 2025? Here is how to navigate it well.

Clear Title Issues

Before selling an inherited property, ensure that the title is free of liens or doubts. If the property skipped the probate (for example, via a Lady Bird deed), this step is faster.

Settle Debts

Florida involves utilizing the estate’s assets to pay outstanding amount first. If the home is sold first, then creditors get their share before the heirs.

Price It Right

Research local market well and stay updated with the latest local trends. In 2025, Miami-Dade’s median home price almost hit $520,000, up to 8% from last year.

Need a quick sale? Companies like Connect Home Buyers buy inherited homes in South Florida for cash, handling repairs and closing costs.

Inheriting Homestead Property Rights and Regulations

Florida’s homestead laws offer protection but with limit flexibility.

Restrictions on Sales

If the house was the deceased’s main residence, heirs can’t sell it before or without court approval in case there are minor children involved.

Lady Bird Deeds

These allow transfer outside probate, even with a mortgage. In 2025, Florida courts clarified that lenders can’t demand full payment if the deed is valid.

Taxes on Inherited Property in Florida (Latest 2025 Update)

Florida doesn’t execute a state tax on any inherited property, but federal laws apply estate tax or capital gain on the inherited house.

Estate Tax

Federal tax only applies to properties over $13.61 million worth.

Capital Gains

Heirs pay taxes only in case they sell the property for more than the “stepped-up” price (the market price of the property at death date).

Lady Bird Deeds and Other Strategies

Probate delays can last for several months. Here’s how to skip it fast in 2025.

Transfer-on-Death (TOD) Deeds

Available for bank accounts and stocks, not real estate in Florida.

Living Trusts

Transfer property instantly to heirs without court involvement.

Working with Real Estate Professionals

Navigating inherited property alone is very risky. Professionals help you get a fast cash offer just in 24 hours.

Market Analysis

Get a fair and instant offer based on latest 2025 trends.

Legal Compliance

Avoid penalties by following homestead laws.

Common Queries Regarding the Inherited Property Laws

Do I pay taxes on inherited property in Florida?

Florida has no inheritance tax, but federal estate tax may apply for estates over $13.61 million.

Can I sell an inherited house with a mortgage?

Yes, but the mortgage must be settled first. A Lady Bird deed can simplify this process.

What happens if there’s no will?

Florida’s intestate laws distribute the property to spouses, children, or relatives.

What happens if there is no will?

If there is no will, Florida’s intestate succession laws determine how the property is distributed among surviving relatives.

Can I sell an inherited property immediately?

You can sell an inherited property once the probate process is complete and you have clear title to the property.

How long does probate take in Florida?

Typically, 6–12 months, but complex cases take longer.

Do I need a real estate agent to sell an inherited property?

While not required, a real estate agent experienced in inherited properties can help navigate the process and ensure a fair sale.

What are the costs associated with selling an inherited property?

Costs may include real estate agent commissions, closing costs, and potential capital gains taxes.

Does the homestead exemption apply to inherited homes?

Yes, if the heir lives in the home and meets residency requirements.

Protect Your Inheritance with Knowledge

Florida’s inherited property laws balance protection and complexity. Whether you’re selling, keeping, or transferring the property, understanding these rules saves time and money. When in doubt, consult an attorney or trusted real estate partner like Connect Home Buyers.