Can I sell an inherited Florida home?

Yes, but how depends on how the home passes. If it was the decedent’s protected homestead, it passes outside the personal representative’s control directly to the heirs or permitted beneficiaries (§ 733.607, § 733.608). Those owners sign the deed, usually after the court enters an order determining homestead status, which title insurers generally expect (Fla. Prob. R. 5.405).

If it was not homestead, the personal representative can usually sell it, without a court order if the will grants a power of sale, or with the court’s authorization or confirmation if it does not (§ 733.613).

First question: was it protected homestead?

“Protected homestead” is the home of a Florida resident that, at death, carries constitutional homestead protection for the surviving spouse or heirs (§ 731.201; Art. X, § 4, Fla. Const.). Property owned as tenants by the entireties or with survivorship rights is not protected homestead; it already belongs to the survivor (§ 731.201).

If the owner was survived by a spouse or minor child, the home could be left only in limited ways, and may pass by statute: typically a life estate to the spouse with the remainder to the descendants, or a one-half interest each if the spouse elects within six months (§ 732.4015, § 732.401). In that case the spouse and the descendants all have to sign the deed.

Selling a protected homestead

Confirm who owns the home now, under the will (if a permitted devise) or by statute.
Ask the probate court to determine the home’s protected homestead status by petition with formal notice (Fla. Prob. R. 5.405).
Have every owner sign the listing agreement, contract, and deed. A minor owner needs a guardian.
Pay off the mortgage and any personal representative’s lien for preservation expenses at closing (§ 733.608).

Selling a non-homestead home

Will grants a power of sale: the personal representative may sell without court authorization or confirmation (§ 733.613(2)).
No power of sale, or no will: the personal representative may sell, but title does not pass until the court authorizes or confirms the sale (§ 733.613(1)).
A buyer from the personal representative under a power of sale or court order takes title free of the estate’s creditors’ claims and beneficiaries’ entitlements, though existing mortgages and liens remain (§ 733.613(3)).

Before probate finishes

A sale can often happen before the estate is closed, once the authority above is in place. The mortgage remains and is paid at closing; for most homes, the lender cannot call the loan simply because the borrower died and a relative inherited (12 U.S.C. § 1701j-3(d)).

What changes the answer

Whether the home was the decedent’s homestead, and whether a spouse or minor child survived
How title was held: alone, by the entireties, jointly with survivorship, in a trust, or by a Lady Bird deed
Whether the will grants a power of sale
Whether all owners agree to sell

An example

A widower dies owning his Orlando home, his homestead, with a will leaving it to his two adult children. No spouse or minor child survives, so the devise is valid. A personal representative is appointed for other assets, and the court enters an order determining the home to be protected homestead passing to the two children. The children list the home, sign the contract and deed themselves, and the title company insures the sale on the strength of the order.

Common mistakes

Listing the home before anyone has authority to sign
Having the personal representative sign a deed to protected homestead
Overlooking a surviving spouse’s life estate or election
Ignoring a minor owner’s need for a guardian

What to gather

The deed and how title was held at death
The will or trust, and any Lady Bird deed
Information on the spouse and the ages of the decedent’s children
Mortgage and property-tax information
Letters of administration or court orders already entered

Next step

Establish whether the home was protected homestead before signing any listing agreement. That answer decides who signs and which court order the title company will want.

Related guidance

Sources: Art. X, § 4, Fla. Const.; Florida Statutes § 731.201, § 732.401, § 732.4015, § 733.607, § 733.608, and § 733.613 (2026); Florida Probate Rule 5.405 (October 15, 2026 edition); 12 U.S.C. § 1701j-3(d). Checked on October 23, 2026.