Let’s start with the basics. If you’ve inherited property in Florida, it didn’t just magically become yours with no strings attached. What happens next depends on whether the person left a will or not.

If they had a will, the property will likely go through probate, where the court oversees how things get distributed. If they did not, Florida’s intestate laws kick in, and only certain family members qualify to receive the property. Either way, selling it isn’t something you can just jump into right away.

You also need to know whether the property was owned outright or jointly. For example:

  • Sole ownership: Goes through probate before it can be sold.
  • Joint tenancy with rights of survivorship: Automatically transfers to the surviving owner(s), skipping probate in many cases.
  • Homestead property: Comes with extra layers of protection and rules, especially if a spouse or minor child is involved.

Bottom line? Inheriting property doesn’t mean you can sell it tomorrow. There’s a process, and in Florida, that process usually starts with probate.

Is There a Legal Deadline to Sell?

Technically, Florida law doesn’t impose a deadline for selling inherited real estate. You won’t find a statute that says “you must sell within 90 days.” But that doesn’t mean you can wait forever without consequences.

Here’s when deadlines do come into play:

  • Probate court may require a sale by a certain date, especially if the property needs to be sold to pay debts or distribute proceeds among heirs.
  • Other heirs can force a sale if there’s disagreement. Florida allows a co-owner to file a partition lawsuit, which may result in the court ordering a sale.
  • Practical deadlines like insurance lapses, tax bills, or HOA penalties can all pile up quickly if the property sits too long.

So while the state won’t give you a fixed number of days to sell, the reality is that financial and legal pressure builds the longer you wait.

How Probate Affects When You Can Sell

Probate is the gatekeeper in most inheritance situations. In Florida, if the property wasn’t jointly owned or placed in a trust, it’ll likely need to go through probate before anything can happen (including a sale).

There are two main types. Summary administration is the faster route, available when the estate is small or the person passed away more than two years ago. It might take just a few weeks. On the other hand, formal probate is more complex and usually stretches over several months.

Until the court gives the green light, you don’t have full authority to transfer ownership. You might be able to list the home while probate is underway, but closing the deal? That usually has to wait. It all depends on how quickly the legal pieces fall into place.

Hidden Timelines Most People Miss

This is where things get a little tricky. Even though there’s no official clock ticking down your time to sell, there are plenty of hidden pressures that act like deadlines.

Let’s start with insurance. Most homeowner policies stop covering a property after it’s been vacant for 30 to 60 days. If you don’t switch to a vacant home policy, you’re leaving yourself wide open to risk. Those policies are also more expensive, so every extra month eats into your eventual profits.

Property taxes can jump unexpectedly if the homestead exemption no longer applies. In many cases, counties reset the assessed value, which means higher bills than the previous owner ever paid.

And then there’s the slow bleed: HOA dues, utilities, and basic upkeep. Even if the place is sitting empty, those costs pile up. Wait too long, and you’ll spend thousands just keeping the lights on and the grass cut.

One more curveball: if the person who passed was on Medicaid, the state may try to recover costs from the estate. That process, called estate recovery, can hold up the sale or shrink your inheritance before it ever hits your pocket.

Taxes and the Step-Up in Basis: Why Timing Still Matters

Here’s where the IRS sneaks in. When you inherit real estate, you get what’s called a step-up in basis. That means the value of the property resets to whatever it was worth on the date of death, not what the original owner paid for it. Sell quickly, and you might avoid capital gains taxes altogether.

But wait too long? The market could drop. Or you could make improvements that raise the property’s value. Either way, the difference between that stepped-up value and your final sale price could trigger a tax bill you weren’t expecting.

Plenty of people assume inherited property gives them time to think. And it does, just not unlimited time. If you’re trying to avoid tax headaches later, moving sooner rather than later might be the smarter play.

When Heirs Disagree: Sales Forced by Court

Inheriting property with siblings or other relatives can be a blessing-or a battleground. What happens when one heir wants to sell, but the others don’t? In Florida, the answer often involves a legal process called a partition action.

Any co-owner has the right to file a partition lawsuit, asking the court to either divide the property or force its sale. If the property can’t be physically divided, like a single-family home, the court will typically order a sale, with proceeds split among the owners according to their shares.

These situations are more common than you might think. Disagreements over inherited property are a frequent source of family tension, and partition actions provide a legal remedy when negotiations fail.

It’s worth noting that the court’s decision isn’t influenced by emotional attachments. Even if the property has been in the family for generations, the law prioritizes fair distribution over sentimental value.

Florida Homestead Exemptions Can Complicate Things

Florida’s homestead exemption offers significant benefits, including protection from most creditors and potential property tax reductions. However, when it comes to inherited property, these benefits can introduce complexities.

If the deceased’s home qualified as a homestead, it might be exempt from certain claims during probate. But transferring that status to heirs isn’t automatic. The new owner must apply for the homestead exemption, and eligibility depends on factors like residency and intent to make the property a primary residence.

Failing to address the homestead status promptly can lead to increased property taxes and potential legal hurdles. It’s essential to understand the implications and take timely action to preserve the benefits.

So When Should You List It?

Timing the sale of an inherited property isn’t just about market conditions; it’s also about legal readiness. In Florida, you can’t sell a property until it’s been properly transferred through probate or another legal mechanism.

However, you can prepare for the sale in advance. This includes assessing the property’s condition, determining its market value, and consulting with real estate professionals like me. Once the legal hurdles are cleared, you’ll be ready to move quickly.

Interestingly, real estate assets constitute a significant portion of probate cases in Florida. According to the Florida Bar, approximately 21.3% of circuit court filings in Florida occur in probate divisions.

So while there’s no legal deadline to sell an inherited property in Florida, various factors-legal, financial, and emotional-can create a sense of urgency. Being proactive and informed can make the process smoother and more beneficial for all parties involved.

Bottom Line: No Deadline, But Plenty of Pressure

Florida law won’t chase you down with a stopwatch, but that doesn’t mean time isn’t working against you. Every month you hold onto an inherited property comes with risks, and sometimes family tension.

There’s no one-size-fits-all answer to how quickly you should sell. But if the home is sitting vacant, probate is already underway, or co-heirs are circling with their own agendas, the smart move is to start planning now.

You don’t have to rush, but you do need to be deliberate. Understand the legal process, watch for financial pitfalls, and take control of the timeline before it starts controlling you.