In most cases, yes — unless the home was held in a living trust, transferred with a Lady Bird (enhanced life estate) deed, or owned as tenancy by the entirety with a surviving spouse, a Florida house has to pass through probate before you can legally sell it. The good news: Florida has no estate tax and no inheritance tax, and because you inherit a stepped-up basis, most heirs who sell within a year or so owe little to no capital gains tax.
If you've recently inherited a home in Bonita Springs, Estero, Naples, or anywhere in Southwest Florida, you're probably dealing with two things at once — a loss, and a property you didn't plan to be responsible for. Maybe you live out of state, maybe you're sorting it out with siblings. Here's a clear breakdown of how selling an inherited house works in Lee and Collier County.
The probate piece: can you legally sell it yet?
You can't sell a house you don't yet have legal authority to sell. In Florida, that authority usually comes through probate — the court process validating the will and appointing a personal representative. A home avoids probate entirely if it was held in a living trust (the successor trustee sells directly), transferred with a Lady Bird deed (ownership passes automatically, heirs record a certified death certificate), or owned as tenancy by the entirety with a surviving spouse (passes to that spouse outright).
Otherwise, you go through one of two tracks: summary administration (estates under $75,000, or the owner deceased more than two years — typically two to four months) or formal administration (the standard process for larger estates, with the court issuing Letters of Administration — typically six to twelve months, longer with multiple heirs or no will). Florida allows a sale during probate once the court authorizes it, and a power of sale clause in the will can let the personal representative sell without additional court approval, speeding everything up considerably.
If you live out of state
A large share of Southwest Florida homes belong to retirees whose heirs are up north. If the main estate is handled elsewhere, the Florida property generally requires a separate ancillary probate administration, since Florida courts oversee real estate located here. But you usually don't have to physically be in Florida to sell — documents can be signed remotely, a local agent manages showings and access, and a Florida title company handles closing.
The tax piece: what you'll actually owe
Florida has had no inheritance tax ever, no estate tax since 2004, and no state income tax — meaning no state capital gains tax on an inherited home's sale.
The big one is the stepped-up basis: when you inherit a property, its cost basis resets to fair market value on the date of death, wiping out lifetime appreciation for tax purposes. If a home bought decades ago for $200,000 is worth $600,000 the day the owner passes, your basis becomes $600,000 — sell at that price and you owe zero capital gains tax. Sell for $615,000 six months later and you're taxed only on the $15,000 of post-death appreciation.
Median prices in Bonita Springs sat around $575,000–$589,000 in early 2026, so the equity in an inherited home here is often substantial — and the stepped-up basis protects most of it. Selling sooner rather than later generally keeps your tax bill near zero.
What about property taxes and insurance?
Two things catch heirs off guard. The original owner's homestead exemption and Save Our Homes cap do not transfer to you — the assessed value resets, and the future tax bill can run noticeably higher, a real factor if you're considering keeping or renting the home rather than selling.
Insurance is the other: a vacant inherited home is a coverage risk, since many standard policies limit or void coverage once a house sits empty for a stretch. Keep the existing policy active, notify the insurer of the occupancy change, and don't let coverage lapse during probate.
The practical steps, in order
- Find the deed and the will — confirm how the property was titled, which determines whether probate is even needed
- Talk to a Florida probate attorney early, especially out of state or with multiple heirs
- Secure the property — maintain insurance and utilities, keep the lawn and pool serviced
- Get the right valuation — a date-of-death value supports your stepped-up basis; a current market analysis tells you what it sells for today
- Choose an agent with probate and inherited-sale experience — coordination with the attorney and court timeline matters
- List, sell, and close through a Florida title company once the court authorizes the sale
This article is general information, not legal or tax advice. Probate, estate, and tax rules depend on your specific situation — consult a licensed Florida probate attorney and a tax professional before making decisions.