How to Sell Inherited Land in Florida
Inherited Florida land can be sold once the estate has legal authority to transfer the property. Florida probate (F.S. 733) is required in most cases to transfer title, though small estates under $75,000 may qualify for summary administration. The IRS stepped-up basis rule (IRC §1014) means you are taxed only on appreciation after the date of death, not the original purchase price.
Statutory framework
- 1
Venue for Probate (F.S. 733.103)
Probate is filed in the Florida county where the decedent resided. If they lived out of state but owned Florida real property, ancillary probate may be required.
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Personal Representative Powers (F.S. 733.612)
The personal representative has authority to sell estate real property. A court order for sale is generally not required if the will grants broad powers or there is no dispute.
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Stepped-Up Basis (IRC §1014)
The cost basis of inherited property is "stepped up" to fair market value at date of death. Capital gains tax applies only to appreciation after that date.
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Compare your options
| Option | Timeline | Cost | Control |
|---|---|---|---|
| Direct sale to land buyer | 2-4 weeks after probate | No commissions or fees | Fast, certain closing |
| List with real estate agent | 6-12+ months after probate | 5-6% commission | Agent manages process |
| Keep the property | Ongoing | Property taxes, maintenance, insurance | Full ownership |
The Florida probate process for inherited land
Florida probate for real property typically takes 3 to 6 months for formal administration. The personal representative (executor) manages the estate and has authority to sell real property under F.S. 733.612. If the estate qualifies for summary administration (estates under $75,000 or where the decedent died more than 2 years ago), the process can be completed in weeks rather than months.
Selling inherited land without full probate
If the inherited land was held in a trust, no probate is required — the successor trustee can sell directly. Additionally, Florida's "Lady Bird" enhanced life estate deeds transfer property automatically at death without probate. If the property was held as joint tenants with right of survivorship, it passes directly to the surviving owner.
Frequently asked questions
- Do I need probate to sell inherited land in Florida?
- In most cases, yes. Probate establishes legal authority to transfer the property. Florida offers summary administration for estates under $75,000 (F.S. 735.201), which is faster than formal probate.
- How is inherited land taxed when I sell it in Florida?
- Florida has no state income tax. Federal capital gains tax applies only to appreciation above the stepped-up basis (fair market value at date of death) under IRC §1014. If you sell near the date of death, gains are typically minimal.
- Can I sell inherited Florida land if there are multiple heirs?
- Yes, but all heirs with ownership interest must agree to the sale (or a partition action may be filed). Working with a direct buyer can simplify coordination since the closing process is faster.
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