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Selling Tips November 9, 2026

Can an inherited house be sold without probate in Sarasota?

Written by Kim Donahue, REALTOR® with Medway Realty | 30+ Years of Real Estate Experience · Updated November 9, 2026

If you've recently lost a parent and their Sarasota or Manatee County home is still in their name, you're not alone in asking this. It's one of the most common questions I hear from local families, and the honest answer is: sometimes yes, sometimes no. It comes down to one thing — how the home was titled.

The short answer: You can sell an inherited Florida home without probate only if the title passed automatically at your parent's death — through joint ownership with right of survivorship, a married couple's tenancy by the entirety, a Lady Bird deed, or a living trust. If the home was in your parent's name alone, probate is almost always required before a buyer can get clear, insurable title.

This information is general and not legal advice. Florida probate rules depend on each family's specific situation, so consult a Florida probate attorney before making decisions.

When you can sell without probate

Joint tenancy with right of survivorship

The surviving owner takes full title automatically; you generally need the death certificate and the recorded deed.

Tenancy by the entirety

This is how most married couples hold their home; the surviving spouse takes title automatically.

Lady Bird deed (enhanced life estate deed)

Florida's probate-avoidance tool. The property passes automatically to the named beneficiaries at death, while the owner keeps full control during life. Florida does not have a transfer-on-death deed statute for real estate, so the Lady Bird deed is the Florida way to accomplish this.

Revocable living trust

If the home was titled in the trust, the successor trustee can sell it under the trust's terms, with no court involvement.

When probate is required

If the home was in your parent's name alone, no living person has the authority to sign a deed. Title companies won't insure the sale, and buyers and lenders need written proof of who can sell. That proof comes from the probate court — either a court-appointed personal representative with letters of administration, or a summary administration order.

Florida's two probate paths

Summary administration (Florida Statutes Chapter 735)

The streamlined, lower-cost path. Available when the estate's non-exempt assets are $150,000 or less (the limit was raised from $75,000 on July 1, 2026), or when the owner died more than two years ago. Typically takes about 4 to 8 weeks. Homestead and exempt property don't count toward the value limit.

Formal administration (Chapter 733)

For larger estates, typically 6 to 12 months. The court appoints a personal representative and issues letters of administration.

Homestead and taxes

Florida's constitution protects homestead property, and heirs or devisees — not always the personal representative — may hold the right to sell it.

The stepped-up basis rule (IRC Section 1014) reduces or eliminates capital gains tax for most heirs.

The homestead exemption and Save Our Homes cap don't automatically continue for every heir, so property taxes can jump after a sale. Check with the county property appraiser.

Before you list

All heirs typically must agree to sell unless a court orders a sale through partition.

Start by checking how the title is held — the deed is on file with the county.

Get a Florida probate attorney's read early; many offer free consultations.

Want the full step-by-step? I put together a plain-English guide for Sarasota and Manatee families, with a complete checklist and a list of highly reviewed probate attorneys in Sarasota County.

Not sure how your parent's home is titled? Send me the address and I'll help you look at the county records and talk through your next step. Call or text 941-724-2587, or book time with me at kimsellssarasota.com.

Sources

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