Do You Have to Go Through Probate to Sell an Inherited House in Fort Lauderdale?
In most cases, yes — Florida real estate can’t legally transfer to heirs, or be sold, until it passes through probate in Broward County’s 17th Judicial Circuit. Simple estates using summary administration can close in one to three months, while formal administration typically runs six to twelve months, with most Broward files wrapping up between months eight and twelve. A July 2026 change to Florida law just raised the summary administration threshold to $150,000, which means more estates now qualify for the faster track — timing that matters a great deal if you’re sitting on a Rio Vista or Harbor Beach property and need to know how soon you can list.
Inheriting a home in Fort Lauderdale is rarely simple. You’re grieving, you’re often coordinating with siblings or other heirs who live out of state, and somewhere in the middle of it all you have to figure out whether you can even put the house on the market yet.
How Probate Works in Broward County — and How Long It Actually Takes
If your loved one owned the home solely in their own name — no trust, no joint owner with survivorship rights, no Lady Bird deed — the property has to go through Broward County’s probate court before it can be sold. There are two tracks:
- Summary administration — available for smaller estates or when the person has been deceased more than two years. As of July 1, 2026, Florida raised the qualifying threshold from $75,000 to $150,000. This track typically closes in one to three months.
- Formal administration — required for larger or more complex estates, including most homes in the $750K–$3M range. This includes a mandatory three-month creditor claim period and generally takes six to twelve months from filing to closing on the sale.
The personal representative — the person named in the will, or appointed by the court if there wasn’t one — is the one authorized to sign a listing agreement and a purchase and sale contract. If the will grants “power of sale,” you generally don’t need separate court approval to close.
The Tax Break Most Heirs Don’t Know About: Step-Up in Basis
When you inherit a home, its cost basis “steps up” to the fair market value on the date of death — not what your parents or grandparents originally paid for it decades ago.
Say a home in Las Olas Isles was purchased in 1988 for $180,000 and it’s worth $1.4 million today. If you’d received that house as a gift during your parent’s lifetime, you’d inherit their original $180,000 basis and owe capital gains tax on nearly the entire $1.2 million of appreciation when you sold. Because you inherited it instead, your basis is the $1.4 million value at death. If you sell close to that number, you may owe little to no capital gains tax at all.
None of this replaces advice from a CPA who can confirm your specific basis and holding period, especially if the estate includes other property or if you’ve made improvements since inheriting.
What Happens to the Property Taxes When You Inherit a Homesteaded House
The homestead exemption and the Save Our Homes 3% assessment cap end the moment the original owner passes away — unless the property passes to a surviving spouse. For everyone else, Broward County reassesses the home to full market value, and the tax bill can jump dramatically in a single year.
When Heirs Disagree: Buyouts, Mediation, and Forced Sales
Multiple heirs typically inherit a property as tenants in common, each owning an undivided share of the whole. Florida gives co-owners three ways through this:
- Buyout — one heir purchases the others’ shares at fair market value, usually based on an independent appraisal.
- Mediation — typically $1,000–$3,000 total and often required by the court before a partition case can proceed to trial.
- Partition action — any co-owner can file under Florida Statute §64.031 to force a sale, even over another heir’s objection.
Frequently Asked Questions
How long does it take to sell an inherited house in Broward County?
It depends on the size of the estate and whether it qualifies for summary administration. Smaller estates (now up to $150,000 as of the July 2026 law change) can close probate in one to three months. Larger estates go through formal administration, which typically takes six to twelve months.
Do I owe capital gains tax if I sell a house I inherited in Fort Lauderdale?
Often little to none, thanks to the step-up in basis, which resets the home’s cost basis to its fair market value on the date of death. Florida also has no state estate, inheritance, or capital gains tax. Confirm your specific numbers with a CPA before you list.
What if my siblings and I can’t agree on selling the family home?
Florida law gives co-owners a few paths forward: one heir can buy out the others at appraised value, the family can go through mediation, or any co-owner can file a partition action to force a sale under Florida Statute §64.031.
About Scott Morreau
Scott Morreau, P.A. is a veteran REALTOR® and Broker Associate with Real Broker, LLC serving Fort Lauderdale, Wilton Manors, Oakland Park, and Pompano Beach. With more than 20 years of experience and over $53 million in Florida homes sold.
This article is general information only — not legal, tax, or financial advice. Confirm your own numbers with your attorney, tax advisor, or CPA.