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Seller Guide · Florida

How to Sell an Inherited House in Miami

By Prop Hunters · Updated October 16, 2026 · Miami Lakes, FL

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The Short Answer

Direct answer

To sell an inherited house in Miami-Dade, someone generally needs legal authority to sign first — usually a personal representative appointed by the probate court, unless the house is protected homestead or a simpler process applies. Once that is settled, the house can be sold on the market or as-is to a cash buyer. Start by talking to a probate attorney and keeping the house insured and maintained.

Step 1: Find out whether probate is needed

Ask an attorney whether the estate needs administration and who should serve as personal representative. In Miami-Dade, probate cases are filed with the Clerk and heard in the 11th Judicial Circuit. See our guide on selling before probate for who can sign.

Step 2: Protect the house

A vacant house is a risk: insurers may limit coverage, roofs leak, and code or HOA notices pile up. Keep the property insured, pay the taxes, and secure it. If it is empty for long, read our page on vacant houses.

Step 3: Understand taxes

  • Property tax. A homestead exemption generally ends when the owner dies, and the next tax bill may be higher. Check the Miami-Dade Property Appraiser for how the property will be assessed.
  • Capital gains. Inherited property generally gets a “stepped-up” tax basis equal to its fair market value at the date of death, which can reduce taxable gain if it’s sold soon after. See IRS Publication 551 and ask a tax professional.
  • Estate tax. Florida does not currently have a state estate or inheritance tax; federal rules are separate.

Step 4: Multiple heirs

When several people inherit, they have to be on the same page. The personal representative (or, for protected homestead, the heirs) signs the sale, and the proceeds are distributed according to the will or Florida law. If heirs live far away or abroad, closings can often be handled remotely through a title company.

Step 5: Choose your path

  • Keep it — if someone wants the house and can afford taxes, insurance and repairs.
  • Rent it — a landlord’s job; see houses with tenants.
  • List it — best for a house in good shape with time to prepare it.
  • Sell as-is for cash — best when the house needs work or the family wants a simple, private sale. See inherited houses.

Frequently Asked Questions

Do all the heirs have to agree to sell?

Practically, yes. The person with legal authority signs, but disagreement among heirs can delay or complicate the sale and distribution. Your attorney can advise on your situation.

Can I sell an inherited house before the estate is settled?

Possibly, once someone has authority to sell. Estate closings often happen before the whole estate is finished. See our guide on selling before probate.

What if the inherited house needs major repairs?

You can sell it as-is. A cash buyer accounts for the repairs in the offer, so the family does not have to fix anything first.

What if there is still a mortgage on it?

The mortgage is paid off from the sale proceeds at closing. If the house is worth less than the loan, a short sale may be possible.

Related Pages

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Official Sources

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This guide is general information, not legal or tax advice. Florida law changes, and every situation is different — talk to a Florida attorney or tax professional about yours.

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