When a parent or grandparent dies without a will, the family is left with grief and a long list of questions. Who owns the house now? Can it be sold? What if one sibling wants to keep it and another wants to sell? If you have inherited a house with no will in Florida, state law answers most of these questions for you. This guide explains who inherits, what probate involves, and how heirs in Broward, Miami-Dade and Palm Beach can sell the home when no one wants to keep it.
Who Inherits a House in Florida When There Is No Will?
Dying without a will is called dying “intestate.” Florida’s intestacy statutes decide who inherits, roughly in this order:
- Surviving spouse and children who are all children of both spouses: the spouse inherits everything (outside of special homestead rules, below).
- Surviving spouse with children from another relationship: the spouse generally receives half and the decedent’s children share the other half.
- No spouse: the children inherit in equal shares. If a child has already passed away, that child’s own children take their parent’s share.
- No spouse or descendants: parents, then brothers and sisters and their children, then more distant relatives.
“My Grandmother Died. Do I Inherit Her House?”
It depends on whether your parent is still living. Under Florida law, a grandchild usually inherits from a grandparent only through a parent who has already died. If your grandmother’s children are living, they are the heirs, even if you lived with her or cared for her. If your parent passed away first, you and your siblings share your parent’s portion.
This often surprises families, and it is a common reason several cousins, aunts and uncles end up owning one house together.
Florida Homestead Rules Can Change the Answer
If the house was the deceased person’s Florida homestead and there is a surviving spouse and children, the spouse generally receives a life estate (the right to live there for life), with the children owning the remainder. The spouse may instead choose to take a half interest as a co-owner, within a deadline. Protected homestead also passes to the heirs free of most of the deceased person’s creditors, which is valuable when there are medical bills or credit card debt.
Do You Need Probate to Sell an Inherited House?
In most cases, yes. Someone must have legal authority to sign the deed. Common routes include:
- Formal administration, where the court appoints a personal representative who can sell the property with court authority.
- Summary administration, a faster process available for smaller estates or when the person died more than two years ago.
- Determination of protected homestead, where the court confirms the house passed directly to the heirs, who can then sign the deed together.
Probate is not needed if the house was held in a living trust, passed to a surviving joint owner, or had an enhanced life estate (lady bird) deed. Read our full guide to selling a house in probate in Florida.
What to Do Right After the Death
- Secure the house. Change the locks, remove valuables and keep the utilities on.
- Keep it insured. Tell the insurer the owner has died; a vacant home may need a different policy.
- Keep paying what you can on the mortgage, taxes and HOA dues to avoid penalties and liens. Relatives generally can keep an existing mortgage without the lender calling the loan.
- Gather documents: death certificate, deed, mortgage and tax statements, and any trust papers.
- Talk with a Florida probate attorney about the fastest route to authority to sell.
Expect property taxes to rise the year after the death, because the homestead exemption and Save Our Homes cap generally end when the owner dies.
When the Heirs Do Not Agree
Every owner normally has to sign the deed. If one heir refuses to sell, Florida law lets any co-owner file a partition action asking the court to divide or sell the property. Partition is slow and expensive, so most families settle on a sale and split the proceeds. A firm cash offer often helps, because everyone can see the exact number and the closing date.
Selling an Inherited House As-Is
Inherited homes are often older, full of belongings and in need of repairs. Many heirs live out of state. A direct sale lets you skip the clean-out, repairs and months of carrying costs. Property Solution Services has bought houses in South Florida since 2016, with more than 900 homes purchased. We buy as-is, can wait while probate finishes, and close in as little as 7 days once the court authorizes the sale. We regularly buy inherited homes in Pembroke Pines, Davie, Tamarac, Miramar, Hialeah and Homestead. If the home had a reverse mortgage, see selling a house with a reverse mortgage.
Frequently Asked Questions
Who inherits property if there is no will in Florida?
A surviving spouse inherits everything if all of the deceased person’s children are also the spouse’s children; otherwise the spouse generally takes half and the children share the rest. With no spouse, the children inherit equally, then parents, siblings and more distant relatives.
Does a grandchild inherit from a grandparent with no will in Florida?
Usually only if the grandchild’s parent, the grandparent’s child, has already died. In that case the grandchildren share their parent’s portion.
Can I sell my deceased parent’s house without probate in Florida?
Only if the house passed outside probate, for example through a trust, joint ownership or a lady bird deed. Otherwise you need a probate order, a personal representative or a determination of homestead before you can sign a deed.
How long do you have to sell an inherited house in Florida?
There is no fixed deadline, but taxes, insurance, mortgage payments and HOA dues continue, and a vacant house can deteriorate or draw code violations. Most heirs decide within the first few months.
What if one heir does not want to sell an inherited house?
Co-owners can negotiate a buyout or, if that fails, ask the court for a partition, which can force a sale. A clear cash offer often helps families agree.
Do you pay taxes when you sell an inherited house?
Inherited property generally receives a stepped-up tax basis to its value at the date of death, so selling soon after often produces little or no capital gain. Ask a tax professional about your situation.
This article is general information, not legal or tax advice. Inheritance law depends on the facts of each family, so speak with a Florida probate attorney before acting.
Need to talk through your options? Call or text (954) 693-9333 or request a no-obligation cash offer. You can also browse answers for other situations on our sell your house fast in any situation page.