Selling an Inherited House in Davie, FL: Probate and Taxes

Do you have to go through probate to sell an inherited house in Davie, Florida?

Losing a parent and inheriting their Davie home at the same time is a lot to carry. Most heirs I talk to want two answers fast. Can you sell it, and what is the tax bill going to be. Here is how selling an inherited house in Davie actually works, from the probate path, to the homestead rules, to the stepped up basis that decides your taxes.

Start with how the home was titled

Before anything else, pull the current deed. How the home was titled when the owner died decides whether you need probate at all.

• Sole name, no trust or survivorship. The home has to go through probate before it can be sold. This is the most common situation.
• Living trust. If the owner placed the home in a revocable living trust, the successor trustee can sell it without probate.
• Joint ownership with right of survivorship, or tenancy by the entireties. A surviving co owner, often a spouse, takes the home automatically. No probate.
• Enhanced life estate deed, also called a lady bird deed. The named beneficiary takes the home outside probate.

You can pull the recorded deed from the Broward County records before you assume anything. If probate is required, Florida gives you two paths. Under Florida Statute 735.201, an estate can use the faster summary administration when the estate subject to administration, less property exempt from creditors, does not exceed $75,000, or when the owner has been deceased for more than 2 years. Otherwise the estate uses formal administration, where the court appoints a personal representative who holds letters of administration and the authority to sell. How you take title as the heir matters too, and it feeds directly into the sale, so it is worth understanding how to take title on a Davie home before you close.

Florida homestead rules can change what you are allowed to sell

Homestead in Florida is not only a tax break. It also controls who inherits the house. Under Florida Statute 732.401, if the owner left a spouse and descendants, the surviving spouse takes a life estate and the descendants take the remainder interest, unless the spouse elects an undivided one half interest as a tenant in common within 6 months. That means the person you assume owns the home outright may actually share it.

Because homestead often passes outside the will, the court may need a petition to determine homestead status before you get a clean sale. That step also shields the home from most creditors of the estate, which usually works in the heirs’ favor. This is exactly the kind of question I walk sellers through before anything gets listed, because getting the homestead piece wrong can stall a closing at the worst moment. Route the legal steps to a Florida probate attorney.

One more thing to plan for. The homestead exemption and the Save Our Homes cap that kept the prior owner’s tax bill low do not follow the house to you. The property gets reassessed, and your carrying cost can rise well above what the family was used to paying. The Davie property tax guide walks through how that reassessment works and when you can file for your own exemption.

The tax picture is better than most heirs expect

Florida has no state estate tax and no inheritance tax. The federal estate tax only reaches very large estates, around $15 million per person under current law, so confirm the current figure with the IRS rather than relying on a number that changes.

The number that matters for a normal sale is the stepped up basis. Your cost basis resets to the fair market value on the owner’s date of death, not what the original owner paid decades ago. Under IRS stepped up basis rules, an inherited home’s cost basis resets to its fair market value on the owner’s date of death, so heirs who sell soon after usually owe little or no capital gains tax.

Here is why that matters in a market like Davie. If a parent bought the home years ago for a low price and it is worth far more today, that gap would have been a large taxable gain for them. For you as the heir, the basis starts at today’s value. Sell now and there is usually little or no gain to tax. Hold the home for years and sell later, and only the appreciation above your stepped up basis is taxable. Order a date of death appraisal to lock that basis, since a licensed appraiser and the Broward County Property Appraiser records help establish the value.

Watch out for one common trap. A parent who deeds the house to the children before death with a plain gift deed hands you their old low basis and forfeits the step up, which can create a six figure capital gains bill. A lady bird deed avoids probate without giving up the step up. Talk to a tax professional before anyone signs a deed.

The steps to sell an inherited Davie home

1. Pull the deed and confirm the probate path, whether that is sole name, a trust, survivorship, or a lady bird deed.

2. If probate is required, open it in Broward County and get the personal representative appointed with authority to sell.

3. Order a date of death appraisal to set your stepped up basis.

4. Run a municipal lien search and clear any liens, code violations, or unpaid taxes before you go to market.

5. Handle disclosures. A personal representative who never lived in the home may have limited knowledge, and Florida disclosure duties work differently for an estate sale, so review the seller disclosure requirements early.

6. Price it with current single family comps on that street, not an automated estimate. On acreage streets like Long Lake Ranches (33330), value swings lot by lot, and the median single family sale price in Davie is $893,000 (single-family median, trailing 178 days ending Sep 30, 2026, based on 189 listings, per BeachesMLS).

7. List, market, and sell the home using the same steps any Davie seller follows, covered in the guide to selling your home in Davie.

8. Divide the net proceeds among the heirs, which is easier once you know your true walk away number from a seller net sheet.

Every estate is different. The only way to know your real timeline and your net number is to run it with someone who knows this market and can coordinate with your probate attorney.

Frequently Asked Questions

Can I sell an inherited Davie home before probate is finished?

In most cases the sale closes through probate, not before it opens. Once the Broward County court appoints a personal representative and grants authority to sell, you can list the home and go under contract while the case is still open, and the closing is timed to that court authority. A living trust or a lady bird deed can let you skip probate entirely.

Who pays capital gains tax on an inherited house in Florida?

Because of the stepped up basis, heirs who sell soon after inheriting usually owe little or no capital gains, since the basis resets to the date of death value. Florida also has no state estate tax and no inheritance tax. You are only taxed on appreciation above the stepped up basis if you hold the home and sell it later.

Do all the heirs have to agree to sell?

If title passed to several heirs as tenants in common, a sale generally needs all of them to sign. When heirs disagree, the personal representative’s authority or a partition action can resolve it, but that path is slower and more expensive. Getting everyone aligned early saves months.

Does the homestead exemption transfer to me when I inherit?

No. The prior owner’s homestead exemption and Save Our Homes cap do not carry over. The property is reassessed at market value, and you file for your own homestead only if you make the home your permanent residence. Confirm the current numbers with the Broward County Property Appraiser.

How long does probate take in Broward County?

Summary administration can run a few months when the estate qualifies. Formal administration often runs several months to a year or more. Timelines depend on creditors, disagreements among heirs, and the court’s calendar, so confirm the current wait with the Broward County probate court.

Talk to a Davie Real Estate Expert

If you have inherited a Davie home and you are weighing whether to sell, the best next step is a direct conversation. Anthony Spitaleri is a Davie native, a Broker Associate, REALTOR® with Coldwell Banker Realty, and the creator of livingindavieflorida.com. He can coordinate with your probate attorney, set a defensible price from current single family comps, and map your net number before you list. Schedule a strategy call.

Anthony Spitaleri

Broker Associate, REALTOR® | Coldwell Banker Realty

Creator of Living in Davie, Florida

Davie, Florida | Serving Davie, Weston and surrounding Broward markets

954-235-5783

Florida License BK3281907

@livingindavieflorida

Written by Anthony Spitaleri, Broker Associate, REALTOR® with Coldwell Banker Realty and a Davie native. More about Anthony