Answers / Selling
How do I sell an inherited house in Miami?
Direct answer
In Florida, summary administration is available when the estate, less exempt property, does not exceed $150,000, or the owner died more than 2 years ago, under Fla. Stat. §735.201(2). The threshold was $75,000 before July 1, 2026. A personal representative can sell the house; a will's power of sale removes the need for court approval.
Fla. Stat. §§735.201, 733.613 and 732.401, Article X §4(c) of the Florida Constitution, IRS Publication 551 and the Florida Department of Revenue, checked October 29, 2026. A probate attorney and a tax adviser confirm how these rules apply to one estate. · Methodology
What are the numbers behind it?
| Topic | Rule in Florida | Source |
|---|---|---|
| Summary administration | Estate less exempt property does not exceed $150,000, or death more than 2 years ago | §735.201(2) |
| Threshold change | Raised from $75,000, effective July 1, 2026 | Ch. 2026-57 |
| Sale with a will's power of sale | Personal representative may sell without court authorization | §733.613(2) |
| Sale without that power | Personal representative may sell, but no title passes until the court authorizes or confirms | §733.613(1) |
| Homestead left by will | Cannot be devised if the owner is survived by a spouse or minor child, except to the spouse when there is no minor child | Art. X §4(c) |
| Homestead not devised | Descends as intestate property; with a spouse and descendants, the spouse takes a life estate and the descendants a vested remainder | §732.401(1) |
| Tax basis | Generally fair market value at the date of death | IRC §1014; IRS Pub. 551 |
| Florida estate tax | Eliminated for deaths after December 31, 2004 | Dept. of Revenue |
Source: SEFMLS / MIAMI REALTORS®, September 27, 2022 through September 28, 2026. Data is deemed reliable but is not guaranteed accurate by the MLS and may not reflect all real estate activity in the market. Totals and medians only, no client names or addresses. Properties counted were listed or sold by various MLS participants, not necessarily by Gatien Salaun or Coldwell Banker Realty.
In more detail
Does an heir pay capital gains tax on the full price?
Basis generally resets to the fair market value at the date of death, so gain is measured from that value. Pub. 551 notes an exception for appreciated property the heir gave the decedent within 1 year before death.
Is there a Florida inheritance or estate tax?
No. The Florida Department of Revenue states that Florida does not impose an inheritance tax, and that its estate tax ended for deaths after December 31, 2004.
How was this counted?
Counted from the same MLS data as every figure on this site, for the stated window and boundary. Medians are withheld below 5 closings.
Canonical facts: Boundary