Inheriting a home in Boca Raton, Delray Beach, or anywhere in Palm Beach County usually arrives at the hardest possible moment. You are grieving, you may live a thousand miles away, and suddenly you are responsible for a property with taxes, insurance, and maintenance that will not wait. This guide walks you through the process step by step — what has to happen legally before you can sell, how to prepare and price the home, and the mistakes that cost families the most.
PBP Real Estate has a dedicated probate real estate practice for South Florida, led by broker Gia Freer, and we work alongside families, personal representatives, and probate attorneys throughout the process.
This article is general information about the real estate side of probate, not legal or tax advice. Always confirm your specific situation with a Florida probate attorney and your tax professional.
Step 1: Confirm Who Has Authority to Sell
Before anything is listed, someone must have the legal authority to act for the estate.
- If there is a will, it typically names a personal representative (what other states call an executor). In most cases the personal representative must still be formally appointed by the probate court and issued Letters of Administration before signing a listing agreement or contract.
- If there is no will, Florida's intestacy rules determine the heirs, and the court appoints a personal representative — often a spouse or adult child.
- If the property was held in a living trust, it may bypass probate entirely; the successor trustee can generally act once they assume their role.
- If the home was the decedent's Florida homestead, special rules apply — homestead property often passes directly to heirs outside the normal probate estate, and how it can be sold depends on who inherits. This is one of the most misunderstood areas of Florida probate; get attorney guidance early.
If you are not sure which situation applies, that is normal. Our probate page explains the three types of Florida probate administration — formal administration, summary administration, and disposition without administration — and we can refer you to experienced local probate attorneys if you do not have one yet.
Step 2: Understand the Timeline Before You Plan the Sale
Families are often surprised by how long the legal side takes:
- Formal administration (most estates with real property) commonly runs 6–12 months, sometimes longer if the estate is complex or contested.
- Summary administration (smaller estates, or when the death occurred more than two years ago) can be significantly faster — often a few months.
- The home can frequently be listed and marketed during probate; depending on the will's terms and the type of administration, the closing may need court involvement or simply the personal representative's signature once Letters of Administration are issued.
Practical takeaway: you usually do not need to wait until probate fully closes to begin the sale — but the closing date must be coordinated with where the estate is in the process. An agent who handles probate sales regularly will build that into the contract terms so you never lose a buyer over a court calendar.
Step 3: Secure and Stabilize the Property Immediately
Palm Beach County adds some urgency that northern states do not have:
- Insurance. Notify the insurer of the owner's passing. A home that sits vacant can lose coverage or require a vacant-home policy — and going uninsured through a South Florida summer is a risk no estate should take.
- Hurricane readiness. If the home will be vacant during hurricane season (June–November), arrange for shutters/impact protection and someone local to prepare the property before a storm.
- Utilities and moisture. Keep electricity and air conditioning running. In our climate, a closed-up house without AC develops mold within weeks — a five-figure problem that is entirely avoidable.
- HOA and condo obligations. Assessments continue after death. If the property is in an HOA, condo, or country club community, notify the association and keep payments current to avoid liens; some communities also have approval processes that affect the eventual sale.
If all heirs are out of state — extremely common here — PBP coordinates local vendors, checks on the property, and acts as your eyes on the ground. It is a routine part of our probate service.
Step 4: Establish Value — Twice
Inherited property needs two valuations, and families often conflate them:
- Date-of-death value. The estate (and your tax basis) is generally set by the property's fair market value on the date of death — the "stepped-up basis." Your attorney or CPA may want a formal appraisal to document it.
- Current market value for the sale. Markets move, and an estate home's condition matters enormously. We prepare a full comparative market analysis using current Palm Beach County sold and active data — the same CMA process we use for every listing — so the estate prices from evidence, not emotion.
The step-up in basis is the reason many inherited homes sell with little or no capital gains tax: if the home is sold reasonably soon after death for close to its date-of-death value, the taxable gain may be minimal. Florida also has no state estate tax and no state inheritance tax. Confirm the numbers for your situation with a tax professional.
You can start with our free home value estimate, and we will follow up with a full probate-aware CMA.
Step 5: Decide — Sell As-Is or Prepare the Home?
There is no universal answer, but there is a right answer for each estate:
- Sell as-is when the estate needs speed, heirs disagree about spending money, or the home needs more work than the estate can fund. Palm Beach County has deep investor demand, and a well-marketed as-is estate sale still deserves competitive exposure — not a lowball off-market offer.
- Light preparation (clean-out, deep clean, landscaping, minor repairs, sometimes paint) frequently returns several times its cost, especially in neighborhoods in Boca Raton and Delray Beach where move-in-ready homes command a premium.
- Estate contents are their own project. We coordinate estate sale companies, donation pickups, and clean-out crews regularly and can manage this for out-of-state families.
Beware of the postcard offers that flood families after a death is recorded. Convenience buyers exist to purchase below market. The estate's personal representative has a duty to the beneficiaries — competitive exposure on the open market is almost always how that duty is best served.
Step 6: List, Market, and Close Through the Estate
A probate listing runs like a normal luxury listing with extra coordination:
- The listing agreement and contract are signed by the personal representative in their representative capacity (or trustee, for trust property).
- Contract terms should reflect the probate posture — realistic closing timelines, and court approval contingencies only when actually required.
- The title company handles estate-specific requirements (Letters of Administration, death certificate, possible court orders) — we work with title agents who handle probate closings routinely, which prevents last-minute surprises.
- Proceeds are paid to the estate, then distributed to beneficiaries through the probate process — not directly to heirs at the closing table.
The Mistakes That Cost Estates the Most
- Letting the home sit uninsured, unmaintained, or un-air-conditioned for months.
- Accepting an off-market "we buy houses" offer without ever testing the open market.
- Listing before anyone actually has authority to sign, then losing the buyer during the delay.
- Ignoring HOA/condo assessments until a lien appears.
- Treating homestead property like ordinary estate property — it is not.
- Skipping the date-of-death valuation and creating tax problems a year later.
Frequently Asked Questions
Can we list the house before probate is finished? Often yes. In many estates the home can be listed and marketed once the personal representative is appointed, with the closing coordinated to the estate's status. The specifics depend on the type of administration and the will's terms — we coordinate this with your probate attorney.
Who signs the listing agreement for an inherited house? The court-appointed personal representative (or the successor trustee, if the home was in a trust) — in their official capacity, not personally. Heirs who have not been appointed generally cannot sign for the estate.
What happens if one heir wants to sell and another doesn't? Disagreements among heirs are common. Depending on how title passes, options range from mediation and buyouts to a court-ordered partition sale. An experienced probate agent and attorney working together usually resolve this without litigation.
Do we have to pay capital gains tax on an inherited house in Florida? Often little or none, thanks to the stepped-up basis: gain is measured from the home's value at the date of death, not the original purchase price. Florida has no state estate or inheritance tax. Confirm with a tax professional.
How fast can an inherited home in Palm Beach County actually close? Once the personal representative has authority, a probate sale can move at essentially normal market speed. The longest delays come from starting the legal process late — which is why Step 1 matters most.
Does PBP Real Estate work with our probate attorney? Yes — that is our standard practice. And if you do not have one, our probate team can refer experienced Palm Beach County probate attorneys.
Selling an Inherited Home? Start With One Conversation.
Gia Freer leads PBP Real Estate's probate practice and personally guides families through estate sales across Palm Beach County — from date-of-death valuation to closing, with out-of-state heirs handled routinely. Learn about our probate real estate service or call 561-395-8418 for a no-obligation conversation about your situation.
PBP Real Estate, LLC — Boca Raton, Florida. This article is for general information only and is not legal or tax advice.