Probate & Inherited Property – Sloan Properties https://staging.sloanproperties.com Turning Dreams Into Addresses Mon, 01 Jun 2026 14:47:48 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.2 https://staging.sloanproperties.com/wp-content/uploads/2025/12/SLOAN-PROPERTIES-333x333-1-150x150.png Probate & Inherited Property – Sloan Properties https://staging.sloanproperties.com 32 32 Probate and Real Estate in Florida: A Practical Guide for Families https://staging.sloanproperties.com/probate-and-real-estate-in-florida-a-practical-guide-for-families/ Sun, 09 Nov 2025 08:30:00 +0000 https://sloanproperties.com/probate-and-real-estate-in-florida-a-practical-guide-for-families/ When a property owner passes away in Florida, their real estate typically must go through probate before it can be sold or transferred — unless it was held in a trust, owned as joint tenants with right of survivorship, or had a transfer-on-death designation.

Probate is the court-supervised process of validating the will, paying debts, and distributing assets. In Florida, there are two types: formal administration (for estates over $75,000) and summary administration (for smaller estates or those where the decedent has been dead for more than two years).

How It Affects Selling the Property

During formal administration, the personal representative has the authority to list and sell real property, subject to court approval in some cases. The process adds time — typically 4-8 months for a straightforward estate — but does not prevent a market-rate sale.

Families in Central Florida often want to sell quickly to avoid carrying costs like mortgage payments, property taxes, insurance, and maintenance on a vacant property. Getting the home market-ready during the probate process — rather than waiting until after — can save weeks of carrying costs.

Sloan Properties works with families and their attorneys throughout Orange County to coordinate the sale with the probate timeline. We provide pricing guidance, handle property preparation, and manage the transaction so families can focus on what matters.

Frequently Asked Questions

How long does probate take in Florida?
Summary administration can be completed in weeks. Formal administration typically takes 4-8 months, though complex estates can take longer.

Can the personal representative live in the home during probate?
This depends on the will and the agreement of other beneficiaries. The personal representative has a fiduciary duty to act in the best interest of all heirs.

Who pays the property expenses during probate?
The estate is responsible for carrying costs. The personal representative can use estate funds to cover mortgage, taxes, insurance, and necessary maintenance.

This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

]]>
How to Sell an Inherited Home in Florida https://staging.sloanproperties.com/how-to-sell-an-inherited-home-in-florida/ Sat, 01 Nov 2025 10:45:00 +0000 https://sloanproperties.com/how-to-sell-an-inherited-home-in-florida/ Inheriting a home in Florida often comes with questions about what to do next. Whether the property was left to you through a will, a trust, or intestate succession, selling it involves specific steps that differ from a standard home sale.

The first step is establishing legal authority to sell. If the property is held in a trust, the successor trustee can list and sell it directly. If the property must go through probate, the personal representative (executor) needs letters of administration from the court before listing. This process typically takes 30-90 days in Florida.

Common Challenges With Inherited Properties

Many inherited homes in Central Florida need work. The previous owner may have deferred maintenance, or the home may have been vacant for months. Deciding whether to invest in repairs before selling or sell as-is depends on the numbers — and that starts with a clear market analysis.

At Sloan Properties, we help families across Orange County navigate inherited property sales. We provide an honest assessment of the home’s current value, what repairs (if any) would increase the net proceeds, and how to get the property market-ready efficiently.

Title issues are another common challenge. Liens, unpaid property taxes, or unclear ownership can delay closing. A title search early in the process identifies these issues before they become problems.

Frequently Asked Questions

Do I have to pay capital gains tax on an inherited home?
Inherited property receives a stepped-up tax basis to the fair market value at the date of death. If you sell shortly after inheriting, you may owe little or no capital gains tax. The longer you hold the property, the more potential gain accumulates. Consult a tax professional for your specific situation.

Can I sell the home before probate is complete?
In most cases, no. The personal representative needs court authority to sell. However, you can begin preparing the home for sale during probate so it is ready to list as soon as authority is granted.

What if multiple heirs disagree about selling?
If heirs cannot agree, any co-owner can file a partition action in court to force a sale. This is costly and time-consuming, so negotiation is usually the better path.

This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

]]>