I Just Inherited a House in Florida. Now What?
A Plain-English 2026 Guide for Central Florida Families
By Chad Busby | Licensed FL Real Estate Broker, Lic. # CQ1055962 | Certified Probate Real Estate Specialist (CPRES)
Busby Estate Liquidation & Realty Services | Oviedo, FL | Last Updated: February 2026
First, I want you to take a breath.
Losing someone you love is hard. Inheriting their house on top of that? That’s a lot. If you’re sitting here wondering what to do with a house you just inherited in Florida — you’re in the right place.
I’m Chad Busby. I’ve been helping Central Florida families through this exact situation for years — as a Licensed Real Estate Broker, a Certified Probate Real Estate Specialist (CPRES), and an estate liquidator. I’ve walked through hundreds of houses with families who didn’t know where to start. This guide is what I wish every family had in their hands on day one.
Let’s work through this together, one step at a time.
| 📊 Big Picture: Why This Matters Right Now |
|---|
| According to research firm Cerulli Associates, an estimated $84 trillion in wealth will transfer between generations by 2045 — and a significant portion of that is real estate. Here in Florida, if a home is titled solely in the name of the person who passed, it must go through probate before it can be transferred or sold. Source: Cerulli Associates / Inherited House Guide, 2024 |
Step 1: Understand What You’re Dealing With
Before you do anything else — before you call a real estate agent, before you list anything for sale, before you start cleaning out the house — you need to know what type of property you just inherited.
In Florida, not all inherited property is treated the same. Here are the three most common situations:
The House Was in a Will
If your loved one left a valid will, that document names who gets what. But here’s what most people don’t know: having a will does NOT mean you skip probate. The will still has to be validated by a Florida Circuit Court judge before ownership can transfer to you.
Florida law requires the will to be filed with the court within 10 days of learning of the person’s death (Florida Statute § 732.901). Missing this can cause problems. Don’t wait.
The House Was NOT in a Will (Intestate)
If there was no will, Florida’s intestacy laws kick in. That means the state decides who gets what, based on your family structure. In most cases, assets go to the closest living relatives. A probate court will still need to be involved to transfer the title.
The House Was in a Trust
This is the smoothest scenario. If the property was placed in a living trust before your loved one passed, it can often transfer to you without going through probate at all. The trustee simply follows the trust’s instructions. Learn more: What Happens to a House in a Trust After Death?
| 💡 Chad’s Take “In my experience, most families in Central Florida are surprised to learn that probate is required even when there’s a will. The will doesn’t replace probate — it just guides it. Knowing this upfront saves you weeks of confusion.” |
Step 2: Find Out If Probate Is Required
Florida probate is governed by Chapters 731–735 of the Florida Statutes. It’s the legal process that transfers ownership of property from someone who has passed to their heirs or beneficiaries.
The short answer: if the house is titled only in the name of the person who passed — and it’s NOT jointly owned with survivorship rights, NOT in a trust, and NOT set up as a Lady Bird Deed — it will need to go through probate.
How Long Does Florida Probate Take?
This is the first question everyone asks. Here’s the honest answer from the law firm RMO LLP, which focuses on Florida probate:
| Type of Probate | Typical Timeline |
| Summary Administration (estates under $75k or death over 2 years ago) | 8+ weeks |
| Formal Administration (most standard estates) | 6–12 months (often longer) |
| Complex Estate (disputes, multiple heirs, creditors) | 18 months or more |
Source: RMO LLP — Florida Probate Attorneys
The bottom line: probate takes time. That’s one reason it pays to get organized fast and work with professionals who know the process.
Does the House Have to Go Through Probate?
Not always. Here’s when you CAN skip probate on a Florida home:
- The home was owned jointly with full survivorship rights (common with married couples)
- The home was properly transferred into a living trust before death
- A Lady Bird Deed (enhanced life estate deed) was set up — this is Florida-specific and allows automatic transfer
And here’s when you CANNOT skip it:
- The home was titled only in the name of the person who passed
- There was no trust, no Lady Bird Deed, and no joint ownership with survivorship
For help navigating probate and estate law in Florida, visit our Attorneys, Trust & Probate Services page.
| 📎 Pro Tip from Chad “Before you do anything with the house, pull the deed. Look at exactly how it’s titled. That one piece of paper tells you everything you need to know about what comes next. If you’re not sure how to read it, call me — I’ll walk you through it.” |
Step 3: Know Your Options for the House
Once you understand the legal situation, you have three main paths. There’s no right or wrong answer — it depends on your family’s needs, your finances, and what makes sense for the property.
Option A: Sell the House
This is the most common choice. Selling gets everyone their fair share of the value, wraps up the estate faster, and takes the ongoing costs (insurance, taxes, utilities, maintenance) off your plate. Read our full guide on selling inherited property in Florida to go deeper on this topic.
Florida has no state inheritance tax and no state estate tax — Florida eliminated its estate tax back in 2005 (Source: Elder Needs Law, 2024). So most families keep the majority of what the house is worth.
You’ll want to understand the step-up in basis before you sell. When you inherit a home, its tax basis is reset to the fair market value at the date of death — not what your loved one paid for it 30 years ago. This can significantly reduce (or eliminate) your capital gains tax when you sell.
| Example Your mom bought her Oviedo home in 1990 for $95,000. It’s worth $380,000 today. If she had sold it, she would have paid capital gains on roughly $285,000 in profit. You inherit it, the basis steps up to $380,000, and if you sell it right away for that price — you owe nothing in capital gains. That’s a real benefit worth understanding. |
Option B: Keep the House
Maybe the house has sentimental value. Maybe you want to move in. Maybe you want to hold it as a rental. All of these are valid — but they come with costs and responsibilities. If the house is paid off, read our guide on inheriting a house that is paid off so you know exactly what you’re stepping into.
- Property taxes (look into whether the homestead exemption was in place — it may not transfer automatically to you)
- Homeowner’s insurance
- Ongoing maintenance and repairs
- HOA fees if applicable
- If renting: landlord responsibilities, tenant screening, and income taxes on rental income
If multiple heirs are involved, keeping the house requires everyone to agree. That’s often where things get complicated.
Option C: Rent the House
Renting can provide steady income while you wait for the market to improve, or while the family figures out the long-term plan. Just know that a rental property comes with real responsibilities — or real costs if you hire a property manager.
| 💡 Chad’s Take “I see families hold onto houses out of guilt or sentiment, and end up losing money for years. I’ve also seen families rush to sell and regret it. My advice: take the emotion out of it as much as you can, look at the real numbers, and make the decision that’s best for the whole family — not just the loudest voice in the room.” |
Step 4: Deal With the Contents of the House
Here’s the part people don’t talk about enough: the stuff inside the house.
Furniture, jewelry, artwork, coins, clothing, kitchen items, tools, collectibles — every single item in that home has to be dealt with. And it’s a LOT more overwhelming than most families expect.
You have four options for the personal property:
- Keep items that have personal or financial value to your family
- Gift items to other family members or friends
3. Sell items through an estate sale or estate buyout
- Donate or responsibly dispose of what’s left
This is where Busby Estate Liquidation & Realty Services comes in. Our complete estate liquidation services handle the entire contents of the home — from appraisal to sale to cleanout. You don’t have to price a single lamp or haul a single box.
Don’t Throw Anything Away Before Getting It Appraised
This is the single most common — and most expensive — mistake I see families make.
I’ve walked into houses where families had already thrown away or donated items worth thousands of dollars. Old coins in a drawer. Sterling silver in the kitchen. Vintage jewelry in a box. First-edition books on a shelf.
Please — before you start tossing things into trash bags, call a professional. One phone call can save you real money.
| 🔍 What We Buy and Sell at Busby Gold coins & jewelry • Sterling silver • Antiques & collectibles • Fine and costume jewelry • US and world coins • Furniture • Art & décor We offer complete estate buyouts — one price, everything handled. No garage sale, no strangers in the house, no haggling. |
Step 5: Understand the Florida-Specific Rules That Matter
Florida has a few unique rules that every person inheriting property here should know.
The Florida Homestead Exemption
If the home was the deceased person’s primary residence, it likely had the Florida Homestead Exemption — which can reduce taxable property value by up to $50,000. That exemption does NOT automatically transfer to you.
When you take ownership, you’ll need to apply for the exemption yourself if you plan to live there. If you don’t live there (you’re renting it or selling it), you won’t qualify — and the property taxes will likely go up. Plan for this.
Creditor Claims in Probate
Creditors of the deceased have a window to make claims against the estate. Under Florida Statute § 733.710, that window generally closes at two years from the date of death. During formal probate, a shorter three-month notice period applies once creditors are properly notified.
Bottom line: don’t pay debts of the deceased out of your own pocket without talking to a probate attorney first. Not all debts survive death, and not all claims are valid.
Source: Florida Probate Law Group, 2026
Florida Has No Inheritance Tax
Good news: Florida eliminated its state estate tax in 2005. There is no Florida inheritance tax. You do not pay a state tax just for inheriting a home here.
Federal estate taxes only apply to estates worth more than $13.61 million (2024). So the vast majority of families in Central Florida won’t owe federal estate tax either.
Source: Elder Needs Law, PLLC: Florida Estate & Inheritance Taxes
Step 6: Assemble Your Team
You don’t have to do this alone — and you shouldn’t. Here’s who you need in your corner:
| Who | What They Do For You |
| Probate Attorney | Guides you through the legal process of transferring title; handles court filings |
| CPA / Tax Advisor | Handles estate tax returns, helps you understand capital gains and the step-up in basis |
| CPRES Realtor | Sells the home in a probate or estate context — knows the legal requirements and local market |
| Estate Liquidator | Appraises and sells the personal property inside the home — handles everything from jewelry to furniture |
Chad Busby wears two of those hats. As a Licensed FL Real Estate Broker AND a Certified Estate Liquidator, Busby Estate Liquidation & Realty Services can handle both the house and everything in it — which means fewer vendors, fewer headaches, and better coordination for your family. See our full list of estate liquidation services and professional realty services.
Your Inherited House Checklist (Central Florida)
Here’s a simple checklist to keep you on track. Don’t let the list overwhelm you — just take it one line at a time.
- Pull the deed and identify how the property is titled
- Find out if there’s a will, a trust, or no estate plan
Contact a Florida probate attorney if the home needs to go through probate
- File the will with the Circuit Court within 10 days of learning of the death (if applicable)
Do NOT throw anything away before getting the contents appraised — schedule an estate liquidation walkthrough first
- Secure the property — change locks, notify insurance, pay any upcoming property tax bills
- Determine if the homestead exemption is in place and what happens to it
- Talk to a CPA about the step-up in basis before you sell
- Decide as a family: sell, keep, or rent
If selling: work with a CPRES-certified agent who knows probate sales in Central Florida
• Schedule an estate liquidation walkthrough for the personal property
| 📞 Ready to Talk? We’re Here. If you’ve just inherited a home in Central Florida and you’re not sure what to do next, call or text me directly. No pressure, no sales pitch — just a straight conversation about your situation. 📞 Call or Text Chad: (407) 529-6952 🌐 busbyestates.com | 📍 Oviedo, FL (serving all of Central Florida) |
Related Articles You Might Find Helpful
→ Selling Inherited Property in Florida in 2026
→ Inheriting a House That Is Paid Off: What You Need to Know
→ What Happens to a House in a Trust After Death?
→ Attorneys, Trust & Probate Services
→ How Much Do Estate Liquidators Charge?
Sources & References
• Cerulli Associates / Inherited House Guide (2024)
• Florida Probate Law Group (2026) — Complete Guide to Florida Probate
• The Florida Bar: Probate in Florida
• RMO LLP Florida Probate Attorneys — Do All Estates Go Through Probate?
• Elder Needs Law, PLLC: Florida Estate & Inheritance Taxes
• Florida Statutes §§ 731–735 (Florida Probate Code)
• Florida Statute § 732.901 (Filing of Will)
• Florida Statute § 733.710 (Limitations on Claims)
Chad Busby — FL Licensed Real Estate Broker, Lic. # CQ1055962 | Certified Probate Real Estate Specialist (CPRES)⚠️ This article is for informational purposes only and does not constitute legal or financial advice. Please consult a licensed Florida attorney and CPA for guide.
⚠️ This article is for informational purposes only and does not constitute legal or financial advice. Please consult a licensed Florida attorney and CPA for guidance specific to your situation.
