The call usually comes a few weeks after the funeral. Not before. Before that there's too much else. Then the mail starts stacking up at a house nobody lives in, and somebody in the family finally says the thing out loud. What do we actually do with it?
You don't have to know what you want to do with it yet.
Here's the part nobody warns you about. Grief and paperwork don't take turns.
You're supposed to be sad, and instead you're on hold with an insurance company, or trying to explain to a bank that your mother died, or standing in a kitchen you grew up in wondering who's going to deal with the freezer.
And underneath all of it, a low hum of guilt. Because the house feels like a chore, and it feels wrong to think of it that way.
You're allowed to think of it that way. It is a chore. It's also a gift, and both things are true at once.
I'm Kady. I help Florida families through hardship, foreclosure, and life transitions, and inherited homes are what I get called about more than anything else. Usually by somebody who's tired and a little embarrassed to be asking. Most of what's on this page won't send me a dollar and I put it here anyway. No pressure. Just someone in your corner.
In the first month, deal with insurance, the mortgage, and the mail. Those three protect everything else. Then find out which probate path you're on, because Florida just doubled the summary administration threshold to $150,000 as of July 1, and a lot more families now qualify for the fast track instead of full probate. Expect two tax surprises: the property tax will likely jump because your parent's homestead cap doesn't pass to you, and capital gains will likely be small or nothing because the value resets at the date of death. Then choose between keeping it, renting it, or selling it. And no, you don't have to empty it out first.
- Call the insurance company first. A vacant house is the single biggest risk you're carrying right now.
- The mortgage doesn't disappear. But federal law protects heirs from having it called due just because you inherited.
- Florida's fast track just got wider. Summary administration now covers estates up to $150,000, not $75,000.
- Your property taxes will probably jump. Your parent's homestead cap does not pass to children.
- Capital gains are usually small. The value resets to what it was worth the day they died.
01The First Thirty Days
You don't have to decide anything yet. Just do these four.
Call the insurance carrier
This is the one that keeps me up at night for people. Most standard homeowners policies limit or exclude coverage once a house sits vacant, often somewhere around thirty to sixty days, and nobody tells you. In Florida, with storms and water and time, an uninsured empty house is a genuine catastrophe waiting to happen. Call the carrier, tell them the owner died and the home is unoccupied, and ask what you need. It's usually a vacant property policy and it usually costs more. Pay it.
Find out about the mortgage
If there's a loan, it doesn't vanish. Somebody needs to keep it current or the estate is heading toward foreclosure on top of everything else. The good news is that federal law protects an heir who inherits a relative's home from having the loan called due just because ownership changed, and servicers are required to work with you once you show you're the successor. Call them, say you're the heir, and ask what documentation they need.
Stop the mail and keep the lights on
Forward the mail, because a full mailbox tells the whole street the house is empty. Keep the power on so the air conditioning can run, which in Florida is what stands between you and mold. Keep the water on so you can spot a leak. Get somebody cutting the grass. These small things prevent the expensive things.
Don't sign anything yet
Once a death shows up in public records, the letters start. Some are fine. Some are people offering to buy the house from an heir who has no legal authority to sell it yet. Nothing on this list requires you to commit to anything, and anyone pressuring you to decide this week has told you exactly who they are.
02Which Probate Path You're On
Most people assume probate means a year in court. Sometimes. Often not, and less often than it used to be.
First, some homes skip it entirely. If the house was in a living trust, or passed by a Lady Bird deed, or was owned jointly with rights of survivorship, or goes to a surviving spouse who held it with them, it may transfer outside probate. Worth checking before you assume anything.
If it does need probate, Florida has two main tracks, and the line between them just moved.
The new threshold for summary administration, Florida's simplified probate. It doubled from $75,000 on July 1, 2026 under a bill the Legislature passed unanimously. Homestead property doesn't count toward the limit, so a lot of families who would have been stuck in full probate now qualify for the fast one.
📜 Formal administration
The full version. The court appoints a personal representative, creditors get formal notice, and an attorney is required.
Typically six to twelve months, sometimes longer if the estate is complicated or somebody contests it.
⚡ Summary administration
The short version. No personal representative appointed. The court reviews a petition and issues an order.
Often a matter of weeks. Available when non exempt assets are at or under $150,000, or when the person has been gone more than two years regardless of value.
That second path is worth reading twice. If your parent died more than two years ago and the house has just been sitting, you may qualify for the fast track no matter what the estate is worth. I meet families all the time who assumed they'd missed their chance and had actually made it easier.
One Florida quirk to know about: homestead property here has its own constitutional rules that can override what a will says, especially when there's a surviving spouse or minor children. That's a conversation for a probate attorney, not a blog, and it's the main reason I tell people to get one early.
03The Two Tax Surprises
One's bad news, one's good news. Almost nobody knows about either until it's happening.
😰 What families assume
We'll keep Mom's low property taxes. She'd owned the house forever and paid almost nothing.
💡 What's actually true
The homestead exemption and the Save Our Homes cap don't pass to children. The property gets reassessed at market value, and on a home held for decades the bill can double or triple. Only a surviving spouse keeps it.
😰 What families assume
If we sell, we'll get destroyed on capital gains, because they bought it in 1994 for almost nothing.
💚 What's actually true
Inherited property gets a stepped up basis. The value resets to what the home was worth the day they died, so selling soon after usually means very little taxable gain, and often none at all.
😰 What families assume
We should hold onto it a few years and see what happens with the market.
💡 What's actually true
Holding costs are real. Higher taxes, vacant property insurance, upkeep, and any mortgage, every month. Sometimes waiting is right. Just make it a decision with numbers in front of you instead of a default.
If you're moving in and making it your permanent home, you can apply for your own homestead exemption, and there's a filing deadline in the spring you don't want to miss. Your county property appraiser's office will walk you through it and it costs nothing to ask.
Get the date of death value documented properly, ideally with an appraisal. That number is what protects you on taxes later, and it's much easier to establish now than three years from now.
Not sure where to even start? Tell me what's going on and I'll help you figure out which path you're on and who you actually need to call. Often that's a probate attorney and not me, and I'll say so. I'm Kady: call or text 904-400-2131, or email kady@helpinghandhomesfl.com.
04When Siblings Don't Agree
This is the hardest part, and it's almost never really about the house.
One of you lives three hours away and wants it sold. One of you lived nearby and did all the caregiving and can't stand the thought of strangers in that kitchen. One of you needs the money now. One of you doesn't. Everybody's grieving on a different schedule and nobody's at their best.
Get a neutral number. Most sibling fights are money arguments wearing a sentiment costume, and a real appraisal turns an argument into arithmetic. Then say the quiet part: can whoever wants to keep it actually afford it, including the new tax bill, the insurance, and buying everybody else out? If the answer's yes, that's a clean solution. If it's no, everybody already knew, and saying so kindly is a favor.
If you truly can't agree, any co owner can generally ask a court to divide or force a sale. It works, and it's slow and expensive and it can end a relationship. I'd rather you spend money on an appraiser and one honest afternoon than on lawyers and three years of silence.
05Keep It, Rent It, or Sell It
Three real options. There's no wrong one, only the one that fits your actual life.
If the house needs real work and you're weighing whether that rules out a normal sale, I went through exactly what does and doesn't change a number in some people see a distressed property, I see possibilities.
06You Don't Have to Empty It Out
I want to say this on its own, because it's the thing that stops people cold.
It isn't the probate that people dread. It's the closet. It's the box of photographs and the handwriting on the recipe cards and the coats still hanging by the door. Families put off the entire decision for a year because nobody can face a Saturday in that house with garbage bags.
You don't have to do it.
Take what matters to you. The photos, the ring, the mixing bowl you've thought about every day since. Leave the rest exactly where it is. That's mine to handle, and handling it respectfully is part of the job, not a favor.
I've had people cry on the phone when I tell them that. Not because it's generous. Because somebody finally lifted the thing they'd been dreading and said it doesn't have to be yours.
"This is real life. People inherit homes, lose the people they love, and life doesn't always go according to plan. There's no judgment here, only help. You don't have to have all the answers when you call me, and you don't have to have made a decision, and you definitely don't have to have cleaned anything. You just need somebody who can help you understand your options and walk through them with you."
Tell me about the house. That's all.
I'll help you figure out which probate path you're likely on, what it's realistically worth as it sits, and who you actually need to call. If that's a probate attorney rather than me, I'll tell you. And if selling as is turns out to be the right answer, I'll give you a fair, no obligation number.
Get My Cash Offer Just Talk to Kady07Questions People Ask Me
Can I sell before probate is finished?
Usually you need court authority first. If the home was in a trust, passed by a Lady Bird deed, or was owned jointly with rights of survivorship, it may pass outside probate and can be sold once title is clear. Otherwise you generally need letters from the court appointing a personal representative, or an order from a summary administration, before a title company will close.
What changed in Florida probate law this year?
As of July 1, 2026, the threshold for summary administration doubled from $75,000 to $150,000 in non exempt assets, and the limit for settling certain small estates with no administration at all went from $10,000 to $20,000. Homestead property doesn't count toward the threshold. A lot of families who'd have faced full formal administration now qualify for the faster, cheaper track.
Will I owe capital gains tax if I sell?
Usually very little, often none, if you sell soon after inheriting. Inherited property gets a stepped up basis, so its value resets to fair market value as of the date of death. You're generally only taxed on gain above that. Document the date of death value properly and confirm the details with a CPA.
Do I keep my parent's low property taxes?
Generally no, unless you're the surviving spouse. The homestead exemption and the Save Our Homes cap don't pass to children or other heirs. The property is reassessed at market value, and on a home owned for decades the tax bill can double or triple. If you move in permanently you can apply for your own exemption, but it starts from the new higher value.
What if my siblings and I disagree about selling?
Start with a neutral appraisal, because most of these arguments are about money rather than sentiment and a real number settles a lot of it. If one of you wants to keep it, they can buy the others out. If nobody can agree, a co owner can generally ask a court to divide or sell the property, which is slow, expensive, and hard on a family. Avoid it if you possibly can.
Do I have to clean it out before selling?
Not if you sell as is. Take what matters to you and leave the rest. Emptying a parent's home is the part families dread most, and it's the part I most often get to tell people they can skip.
A gentle note: I'm a Florida home buyer, not an attorney, accountant, or tax advisor, and this article is general information rather than advice for your situation. Florida homestead and probate rules are genuinely complicated, they interact with wills and trusts in ways that surprise people, and thresholds and deadlines change. Please talk with a licensed Florida probate attorney and a CPA about your specific circumstances before making decisions, and confirm any filing deadline with your county property appraiser.
- CS/HB 1337, Laws of Florida: summary administration and small estate thresholds, effective July 1, 2026
- Florida Statutes Chapters 733 and 735: formal and summary administration
- Article X, Section 4 of the Florida Constitution: homestead protection and restrictions on devise
- Florida Department of Revenue: homestead exemption and the Save Our Homes assessment limitation
- Internal Revenue Code Section 1014: basis of property acquired from a decedent
- Your county property appraiser: exemption applications and filing deadlines