The questions every family asks
You are probably doing this for the first time. These are the questions we hear on nearly every call, answered the way we answer them on the phone — plainly, and with a reminder of what belongs to your attorney.
Inherited-Property Questions
If your question isn't here, call us — the conversation is free either way.
Does the house even need probate before it can be sold?
Not always — and it takes minutes to find out. A house held in a living trust, owned jointly with right of survivorship, or left by a Lady Bird deed can usually be sold without any probate case. The answer is written on the deed, and we will read it with you on the first call, free, before anyone spends money on anything. If probate is needed, you can still sign a contract now that closes once the court grants authority.
Can I sell the house before probate is finished?
Often, yes. Once the court issues Letters of Administration, the personal representative can usually sign a contract, and many Florida estate sales close while probate is still open. Whether court approval is needed depends on the will and the type of administration — your probate attorney will confirm. We routinely write offers contingent on that authority being in place.
There are four heirs. Who actually signs the contract?
If the estate is in probate, the personal representative signs for the estate. If the property has already been distributed by deed to the heirs, every owner on the deed signs. We prepare one written offer that all decision-makers can review together, and the title company confirms exactly whose signatures are required.
Will I owe taxes if I sell an inherited house?
Florida has no state inheritance or estate tax, and federal law gives inherited property a stepped-up basis — your cost basis is generally the market value at the date of death, not what your loved one paid. Sell near that value and there is often little or no capital gain. Confirm your specific numbers with a tax professional.
The house has a reverse mortgage. Is it too late to sell?
Usually not. A reverse mortgage becomes due after the borrower passes, and heirs typically have several months — with possible extensions — before foreclosure. If the home is worth more than the loan balance, selling lets the family keep the difference. Timing matters, so start the conversation early.
The house is full of my parent’s belongings. Do we have to clear it out?
No. Take the photographs, documents, and keepsakes that matter to your family. We buy estate properties with everything else still inside — furniture, clothing, decades of accumulation — and handle the cleanout after closing.
Do I need a probate attorney if I sell to you?
In most Florida probate administrations an attorney is required, and we think that is a good thing. We are buyers, not lawyers — we coordinate with your probate attorney and the title company rather than replacing them. If you do not have an attorney yet, we can explain what to look for.
How do you decide what to offer for an estate property?
The same way we would explain it to your attorney: location, condition, the repairs and cleanout the property realistically needs, comparable sales, and carrying costs. We walk you through the assumptions behind the number so you can compare it honestly with listing the home or keeping it.
What if one heir does not want to sell?
Nothing is signed until the people with legal authority agree, and we never pressure a divided family. Sometimes a written offer helps the conversation by replacing guesses with a real number. If heirs stay deadlocked, Florida law offers formal options like partition — a last resort your attorney can explain.
Want deeper answers?
The Florida probate guide covers the process end to end, and the blog takes single questions — taxes, tenants, sibling buyouts, reverse mortgages — and answers them properly.
Whenever Your Family Is Ready, We Are a Phone Call Away
There is no deadline on this conversation. Tell us about the property and where the estate stands, and we will explain what an as-is sale could look like — then give you room to decide.
- No obligation and no pressure — ever
- House can be sold as-is, belongings and all
- We coordinate with your probate attorney and title company
- BBB-accredited family business, A+ rating