Selling an Inherited Home in Jacksonville: Probate, Timing and Taxes

Inheriting a home usually arrives in the middle of grief, paperwork and family conversations. The house can feel like the hardest piece, because it holds memories and it also costs money every month it sits.

This guide covers the practical side: who can sign, when Florida probate needs the court's permission, how taxes usually work, and how to get the home ready. It isn't legal or tax advice. Your probate attorney and CPA should guide the decisions. Our job is to make the real estate part calm and predictable.

First, who has authority to sell?

In Florida, a home that was in the owner's name alone usually goes through probate. The court appoints a personal representative (often named in the will), and that person signs the listing agreement and the deed.

Whether the court must also approve the sale depends on the will:

• The will grants a power of sale. Florida Statute 733.613(2) lets the personal representative sell estate real property without court authorization or confirmation when the will gives that power.
• No power of sale, or no will. Under 733.613(1), the personal representative can still sell when it's in the estate's best interest, but no title passes until the court authorizes or confirms the sale. That adds a step, and a little time, to closing.

Some homes don't go through probate at all. Property held in a living trust is sold by the successor trustee (see our guide to selling a home held in a trust). Property owned jointly with rights of survivorship usually passes to the survivor.

Homestead is its own question. If the home was the owner's Florida homestead, special rules may control who inherits it, and the court may need to determine its homestead status before a sale. This is one of the main reasons to involve a probate attorney early.

How long does it take?

It depends on the estate. Two common paths:

• Formal administration is the standard process. A personal representative is appointed, creditors are notified, and the estate is settled under court supervision.
• Summary administration is shorter. Under Florida Statute 735.201, it may be available when the estate subject to administration in Florida, less exempt property, is $75,000 or less, or when the person died more than two years ago, as long as the will doesn't direct formal administration.

In our experience, the listing itself can often start while the estate is open. The key is knowing in advance whether a court order is needed, so the closing date is realistic for the buyer.

Taxes: the stepped-up basis

This is the part families most often worry about, and often the good news.

When you inherit a home, the IRS generally sets your tax basis at the fair market value on the date of death, not what the owner originally paid. If the home sells soon after for close to that value, the taxable gain may be small or zero.

A few points to raise with your CPA:

• A date-of-death appraisal documents that value. It's worth ordering early.
• If a surviving spouse owned the home jointly, the rules differ. Generally, the deceased spouse's half receives a new basis and the survivor keeps their original basis on their half.
• A surviving spouse who sells within two years of the death may still qualify for the $500,000 exclusion on a main home if the IRS conditions are met.

Our guide to capital gains when selling your Jacksonville home covers the exclusion in more detail.

Property taxes usually reset

Florida reassesses a home at its full just value as of January 1 after a change of ownership. The Save Our Homes cap the previous owner had generally doesn't transfer to heirs. If the family plans to hold the home for a while, budget for a higher tax bill. Our property tax calculator gives a quick estimate.

While the estate is open, protect the house

A vacant home needs attention, and these are the items we see slip:

• Insurance. Tell the carrier the owner has passed and the home may be vacant. Many policies treat vacancy differently.
• Utilities. Keep power and water on for showings, inspections and the HVAC. Florida humidity is hard on a closed-up house.
• Security and upkeep. Change the locks, keep the lawn cut, and check the home weekly or ask us to.
• Personal property. Decide what family will keep before any estate sale or cleanout.

Preparing an inherited home to sell

Most inherited homes don't need a renovation to sell well. They need a clear plan:

1. Price from recent closed sales, not memories of what the home was worth years ago.
2. Clean out and deep clean. Buyers struggle to see past a full house.
3. Fix what inspections will flag, like leaks, roof issues or electrical problems, or price the home to reflect them.
4. Consider an as-is sale with full disclosure when the family wants speed and simplicity. Florida sellers still have to disclose known material defects.

We work with probate attorneys and personal representatives regularly, and we can coordinate showings, vendors and cleanouts for family members who live out of town.

Handling a loved one's home? We'll walk you through the real estate side, step by step.