Not every inherited property in Florida goes through probate — and assuming it does can waste time and money. Here's how to figure out which path applies to your situation, and what to do next either way.
If any of these apply, the property likely already passed to you automatically — no probate case required at all.
If the property was titled in a revocable living trust before death, the successor trustee can transfer or sell it directly. Check for trust paperwork before assuming probate is needed.
If you owned the property jointly with the deceased — including as spouses — your ownership share passes to you automatically by operation of law.
An Enhanced Life Estate Deed names a beneficiary who automatically owns the property at death. If your family member set one up, you may already own the home — recording the death certificate is usually all that's needed.
Worth double-checking either way: even when no court process is required, it's worth confirming the title is actually clear before listing or refinancing — an outstanding mortgage, lien, or a co-owner who didn't sign off can still complicate a sale. A title company or real estate attorney can confirm in a single search.
Skipping probate doesn't mean skipping decisions. In practice, this is often exactly where families need the most help — because there's no court timeline forcing a decision, and no attorney managing the process. It's just you, the property, and a choice to make.
Property tax, insurance, HOA dues, and basic upkeep don't stop while you decide what to do. Amanda can help you weigh how long holding the property makes financial sense versus listing it now.
If you're inheriting a Palm Beach County property from out of state and have no interest in keeping it, Amanda can manage the process remotely — coordinating everything so you're not flying in repeatedly.
Not ready to sell? Amanda can help you compare realistic rental income against sale proceeds, and connect you with property management if renting makes more sense than listing.
Inherited homes often need decluttering, repairs, or updates before they're ready to sell or rent. Amanda coordinates trusted contractors and vendors, and advises on what's worth fixing versus selling as-is.
If this was the deceased's primary Florida residence, titled in their name alone, Florida's homestead law says it passes to you automatically at death — it's never technically considered part of the probate estate. But there's a catch worth knowing about.
By Florida constitutional and statutory law, homestead property vests in the qualifying heirs immediately at death — protected from most creditors regardless of what the deceased owed.
To sell or refinance, a title company generally needs a court order confirming the transfer — because without one, there's nothing in the public record showing the property is legally yours.
This is a much lighter, faster proceeding than full probate administration — often resolved within a couple of months — filed specifically to confirm homestead status and clear the title for sale.
Where Amanda fits in: the same real-world questions apply here as in Path 1 — carrying costs, whether to sell or rent, and getting the property market-ready — plus the timing question of when to list relative to the homestead filing. Amanda can help you plan the listing so it's ready to launch the moment title clears.
If the property doesn't fall into either path above — it wasn't in a trust, wasn't jointly owned, and wasn't the deceased's homestead — it generally needs to go through Florida's standard probate process to transfer clear title.
The step-by-step court process, Palm Beach County specifics, and Formal vs. Summary Administration explained.
Answers on timeline, taxes, heirs, and selling an inherited home during probate.
What to secure and who to call in the first 90 days.