When a loved one passes and leaves you a Florida home, selling it is rarely as simple as listing it. Before a buyer's title company will insure the sale, someone has to establish that you have the legal right to convey the property — and that all heirs and creditors are accounted for. How that works depends entirely on how title was held.
- Whether you can sell without probate depends on how title was held.
- Survivorship, a living trust, or a Lady Bird deed can pass title outside probate.
- A sole owner with no plan usually means probate is required to convey clear title.
- The title company needs death certificates, the will/probate docs, and heir info to insure clear title.
The First Question: How Was Title Held?
Owned in the Deceased's Name Alone
Usually requires probate. The court appoints a personal representative, creditors are addressed, and a court order or personal representative's deed conveys the property. Florida offers summary administration for smaller or older estates, which is faster than formal probate.
Lady Bird (Enhanced Life Estate) Deed
If the owner signed a Lady Bird deed, the property passes automatically to the named beneficiaries at death — typically avoiding probate. Florida is one of the few states that recognizes these. You'll generally need the recorded deed and a death certificate.
Living Trust
If the home was titled in a revocable living trust, the successor trustee can usually sell it without probate, following the trust's terms.
Joint Ownership With Survivorship
Property held as joint tenants with right of survivorship or by a married couple as tenants by the entirety generally passes to the surviving owner outside probate.
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Why the Title Company Cares
To issue title insurance, we have to confirm the seller has authority to convey and that no heir, spouse, or creditor can later surface with a claim. Florida's homestead rules add another layer — homestead property has special protections and restrictions on how it passes. Gaps here are exactly the kind of title defect that owner's title insurance protects the eventual buyer against. A thorough title search is where it all starts.
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Documents You'll Likely Need
- Certified death certificate
- The recorded deed showing how title was held
- Probate documents (letters of administration, court order, or personal representative's deed) — or
- Proof of a non-probate transfer (trust certificate, Lady Bird deed)
- Payoffs for any mortgages, liens, or unpaid taxes on the property
Heir Property & Multiple Owners
When several heirs inherit together, all must typically agree and sign to sell. Disputes are common — and a clear title plan up front prevents a stalled closing later. An experienced title company and, where needed, a probate attorney keep the sale on track.
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Submit a Contract →Related Reading
What a Florida Title Search Covers
How we confirm clear title before closing.
Florida Title Insurance Explained
What an owner's policy protects against.
5 Closing Mistakes to Avoid
Including the homestead & signing traps.
Frequently Asked Questions
Can I sell an inherited Florida house without probate?
Sometimes — if title passed via a Lady Bird deed, living trust, survivorship, or transfer-on-death. If the deceased owned it alone, probate is usually required.
What is a Lady Bird deed?
An enhanced life estate deed that lets an owner keep control during life and pass property to beneficiaries at death, typically avoiding probate. Florida recognizes them.
Why does a title company care about probate?
To insure clear title, we must confirm the seller's authority to convey and that all heirs and creditors are accounted for. Probate or a recognized non-probate transfer establishes that.
What documents do I need to sell inherited property?
Commonly a death certificate, the recorded deed, and either probate documents or proof of a non-probate transfer. Your title company will give you the exact list.
General information, not legal advice. Probate and estate matters are fact-specific; consult a licensed Florida attorney. Your title company coordinates the title side of the sale.
Selling an Inherited Florida Home?
Atlantic Title Firm helps families establish clear title and close smoothly. Send us the address and we'll map the path to closing.