Estate and probate documents, a deed, a fountain pen, reading glasses, and a brass house key on a sunlit desk beside a window overlooking a palm-lined Gulf Coast street

Probate Guide

My Parent's Sarasota Home Is in Their Name Alone — Can I Sell It Without Probate? A Plain-English Guide for Sarasota & Manatee Families

By Kim Donahue, REALTOR® with Medway Realty | November 2026

If you're reading this, you're probably in the middle of a hard season, and I'm sorry. The short version: if the home is in your parent's name alone, you'll almost always need a probate proceeding to get clear title before you can sell. This guide walks you through how that works, how long it takes, the checklist I give families, and where to find a good probate attorney here in Sarasota County.

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.

The one question that decides everything — how was the home titled?

"Title" is simply how ownership is written on the deed, the public record filed with the county. That one document, more than anything else, tells you whether the home can pass to you without a court case.

Look at the recorded deed and check for these phrases: "joint tenants with right of survivorship," "tenants by the entirety," a recorded Lady Bird deed, or a trust. If none of those apply and the home is in your parent's name alone, probate is your path.

When you can sell without probate

There are a few ways title can pass automatically at your parent's death, without a court case. Each works differently, and all of them still require the right paperwork.

Joint tenancy with right of survivorship

The surviving owner takes full title automatically. You generally need a certified death certificate and the already-recorded deed to clear the title in their name.

Tenancy by the entirety

This is how most married couples hold their home. The surviving spouse takes full title automatically at the other spouse's death. A certified death certificate and the recorded deed are typically what's needed.

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.

Whatever the path, you'll typically need a certified death certificate, the recorded deed, and sometimes a short successor affidavit to complete the transfer on the title.

When you can't — and why

If the home is in your parent's name alone, no living person has the legal authority to sign a deed. Title companies won't insure the sale, lenders won't lend, and buyers won't close without written proof of who can sell. That proof comes from the probate court: letters of administration for a court-appointed personal representative, or a summary administration order.

Florida's two probate paths, plainly

Summary administration (Chapter 735)

The streamlined, lower-cost path. It's 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. It typically takes about 4 to 8 weeks. Homestead and exempt property are excluded from the value test, but homestead still needs court action to clear title unless it passed automatically.

Formal administration (Chapter 733)

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

In either path, all heirs typically must agree to sell unless the court orders a partition sale.

What happens to the taxes

Florida's stepped-up basis rule under IRC Section 1014 reduces or eliminates capital gains tax for most heirs, because the inherited value is generally "stepped up" to the market value on the date of death rather than what the owner originally paid.

The homestead exemption and the Save Our Homes cap do not automatically continue for every heir, so property taxes can jump after a sale. Check with the county property appraiser and your accountant before you estimate your numbers.

The checklist I give Sarasota & Manatee families

Order several certified death certificates.
Find the deed — check Sarasota or Manatee County property records to see exactly how the title is held.
Look for a will, a Lady Bird deed, or trust documents.
Add up what's in the estate and its value.
Talk to a Florida probate attorney — many offer free consultations — and decide between summary and formal administration.
File the probate case in the county where your parent lived (Sarasota or Manatee County Clerk of Court).
Get the court order or letters of administration.
Work with a Realtor to price and list the home.
Close with clear, insurable title.
Handle the tax pieces with your attorney and accountant.

Highly reviewed probate attorneys in Sarasota County

The attorneys below come up consistently in reviews across public legal directories. Ratings are as reported on the cited review platforms as of November 2026 and should be verified directly. This list is informational, not an endorsement.

Kevin Pillion

Life Planning Law Firm, P.A.

1671 Mound St., Sarasota, FL 34236

Phone: 941-300-4136

Website: www.lifelawfirm.com

5.0 from 79 reviews (Avvo/Lawyers.com aggregate); probate, elder law, estate planning.

Mary Elizabeth King

Law Office of Mary E. King, P.L.

3389 Magic Oak Lane, Sarasota, FL 34232

Phone: 941-906-7585

Website: floridataxlawyers.com

5.0 from 21 reviews (Avvo/Lawyers.com aggregate); probate, tax, estate planning.

Teresa K. Bowman

Teresa K. Bowman, P.A.

3277 Fruitville Road, Suites D-1 & D-2, Sarasota, FL 34237

Phone: 941-735-5200

Website: tkbowmanpa.com

5.0 Google rating from 47 reviews; certified elder law attorney; probate and trust administration.

Gregory A. Kaiser, Esq.

Wills, Trusts, Probate & Elder Law Firm, PLLC

6751 Professional Pkwy W, Suite 104, Sarasota, FL 34240

Phone: 941-914-9145

Website: wtpelf.com

5.0 from 183 reviews (Google); wills, trusts, probate and elder law.

Schwarz & Harris, P.A.

17841 Murdock Circle, Port Charlotte, FL 33948

Phone: 941-625-4158

Website: schwarzharrislaw.com

4.8 from 53 reviews (Lawyers.com); serves Sarasota County; wills, trusts, probate, trust administration and guardianships. Note: their office is in Port Charlotte, but they serve Sarasota County.

Sherri L. Johnson

Johnson Legal of Florida, P.L.

2937 Bee Ridge Rd, Suite 1, Sarasota, FL 34239

Phone: 941-926-1155

Website: johnsonlegalofflorida.com

10.0 Avvo rating from 34 reviews; probate of small to mid-sized estates, flat fees for summary administrations.

Review sources: Avvo — Sarasota · Avvo — Sarasota County · Lawyers.com — Wills and Probate, Sarasota · Justia — Probate, Sarasota · tkbowmanpa.com · Leather Law Office. Verify directly with each attorney.

How I can help

Send me the address of the home. I'll help you look at how it's titled, point you to a probate attorney if you need one, and walk you through what the home could sell for. Call or text 941-724-2587, email kim@kimdonahue.com, or book time at kimsellssarasota.com.