Selling an inherited home in Brevard County.
Who can sign, what the court has to approve, and what happens to the taxes, in the order the questions usually come up.
Who can actually sell it
In Florida the person who sells an estate's house is the personal representative, the one the court appoints to run the estate. If the will gives that person a power of sale, they can sell without going back to the judge. If there is no will, or the will doesn't grant that power, the law says no title passes until the court authorizes or confirms the sale (Florida Statutes 733.613).
Probate here runs through the Brevard County Clerk of Court, which lists three paths: disposition without administration, summary administration and formal administration. Summary administration is the shorter one. As of July 1, 2026 it covers estates worth $150,000 or less, not counting exempt property, or cases where the owner died more than two years ago. The limit used to be $75,000 and some older guides still say so. Which limit applies to a death before July 2026 is a question for your attorney.
When the house was a homestead
A homestead does not always follow the will. If the owner left a spouse or a minor child, Florida's constitution limits who the home can go to. A surviving spouse gets a life estate with the rest going to the children, or can choose a half share within six months (Florida Statutes 732.401).
What that means in practice is simple. More than one person may need to sign the listing and the deed. Knowing exactly who holds title before the sign goes in the yard saves weeks later.
The calendar
Creditors get three months from the first published notice to file claims (733.702). The Florida Bar tells families to expect about five or six months for a simple estate. That's longer than most heirs hope for.
None of that stops the preparation. You can get a value, clear the house and fix what needs fixing while the paperwork moves, then list when your attorney says the authority is in place.
Taxes and the Property Appraiser
The homestead exemption only continues while the owner lives there. The Brevard County Property Appraiser has a form to remove it, and it's worth filing: keeping an exemption that no longer applies can mean back taxes with a 50% penalty and 15% interest, going back as far as ten years.
On the January 1 after the ownership changes, the home is reassessed at market value. A transfer to a surviving spouse or a minor child is the exception. Adult children who inherit usually lose the parent's Save Our Homes cap, so the next tax bill can jump.
For income tax, IRS Publication 551 says an heir's basis is generally the home's fair market value on the date of death. Selling soon after often means little or no gain to report. Your tax professional will confirm it.
Where we come in
Dana and Randy work alongside your attorney and the personal representative. We price the house on what is actually selling nearby, keep every person who has to sign in the loop, and handle showings when the family lives out of town.
General information, not legal or tax advice. Every estate is different, so talk to a Florida probate attorney and a tax professional about yours.
Questions we get.
Can we list the house before probate is finished?
You can start preparing and get a value right away. Whether a contract can close depends on the personal representative's authority and, in some estates, a court order. Your probate attorney decides that and we build the timeline around it.
Do the property taxes go up when we inherit a Florida home?
Usually, yes. The home is reassessed at market value on the January 1 after ownership changes. Transfers to a surviving spouse or a minor child are the exception.
What is the summary administration limit in Florida?
$150,000, not counting exempt property, since July 1, 2026. It was $75,000 before that. Summary administration is also available when the owner died more than two years ago.
Find out what the house is worth first.
A real number helps the family and the attorney plan. Dana and Randy, RE/MAX Aerospace Realty.