Sell an Inherited House in Miami: Probate, Taxes & Timeline (2026)

Quick answer: Most inherited Miami-Dade houses require formal probate (6–12 months) because property values exceed the $75,000 summary administration threshold. The personal representative can sell before probate closes with court approval or beneficiary consent. The stepped-up basis rule eliminates capital gains tax on most inherited property sales.

Inheriting a house in Miami can be both a blessing and a burden. The property may represent significant value, but it also comes with legal complexities, emotional weight, and practical concerns that pile up during an already hard time. We regularly work with families navigating probate who need to sell an inherited Miami-Dade property quickly and cleanly.

The Florida Probate Process

Probate is the court-supervised process of administering a deceased person's estate. In Florida, most estates with real property or significant assets require probate. Miami-Dade probate is handled by the Probate Division of the Eleventh Judicial Circuit at 73 W Flagler Street, Room 238.

1. File the will and petition with the Miami-Dade probate court.
2. Appoint a personal representative (executor), either named in the will or appointed by the court.
3. Notify creditors and heirs (Florida Statute §733.2121).
4. Inventory assets – real property, accounts, personal property.
5. Pay debts and taxes from estate assets.
6. Distribute remaining assets per the will or Florida intestacy law (§732).
7. Close the estate with a final accounting.

Summary vs. Formal Administration

Many inherited Miami-Dade properties require formal administration simply because property values push estates above the $75,000 threshold. With the Miami-Dade single-family median at $685,000 (Feb 2026), even a modest home in Miami, Coral Gables, or Pinecrest triggers formal admin.

Tax Implications: The Stepped-Up Basis Advantage

How stepped-up basis works

When you inherit property, your tax basis is "stepped up" to the fair market value on the date of the decedent's death (IRC §1014). This can dramatically reduce capital gains tax.

Without the step-up, the second example would have a $520,000 taxable gain. Stepped-up basis is one of the largest tax benefits in the Internal Revenue Code.

Capital gains tax rates

Inherited property automatically qualifies for long-term capital gains treatment regardless of holding period. Federal rates are 0%, 15%, or 20% depending on your income. Florida has no state income tax.

Florida estate and inheritance tax

Florida has no state estate tax and no inheritance tax. Federal estate tax only applies to estates exceeding roughly $13 million (2026 exemption).

Property tax reassessment

When you inherit property in Florida, you lose the prior owner's Save Our Homes cap (Florida Constitution Article VII, §4(d)). The assessed value resets to current market value, which often means a significantly higher property tax bill. In Miami-Dade, this can add thousands per year – a key factor if you're considering keeping the property.

Can You Sell Before Probate Closes?

Yes, in most cases.

During formal administration

The personal representative can sell real property without specific court approval if the will grants that power (Florida Statute §733.613) or all beneficiaries consent. Proceeds go into an estate account until final distribution.

Under summary administration

No personal representative is appointed, so all beneficiaries must agree and the court typically approves the sale.

Living trust assets

If the property was in a revocable living trust, it bypasses probate entirely. The successor trustee can sell under the trust terms – often within weeks.

Multiple Heir Complications

When heirs disagree

One heir wants to keep it. Another wants to move in. A third needs the cash. These disputes can stall a sale for months or years.

If one heir refuses to cooperate, another can file a partition action under Florida Statute §64.011 to force the sale. Partition is expensive ($5,000–$15,000+ in legal fees), emotionally draining, and can take 6–18 months. A voluntary cash sale that satisfies all heirs is almost always faster and cheaper.

Out-of-state heirs

Coordinating a Miami-Dade property sale from another state adds real complexity. Documents need notarization. Communication spans time zones. Property maintenance becomes a chore. Vacant properties in Miami-Dade's humid climate deteriorate fast – mold, pest infestations, overgrown lots – and code violations can accumulate fines of $250/day or more.

For out-of-state heirs, a cash sale handled remotely is usually the cleanest solution. We coordinate property access through a lockbox or local contact, handle cleanout, and close at a title company convenient to you. Many out-of-state heirs never need to travel to Miami to complete the sale.

Why Cash Buyers Simplify Probate Sales

• No repair requirements – elderly owners often deferred maintenance. Cash buyers take the property as-is.
• Speed and certainty – financed buyers have 10–15% fall-through rates. Cash sales close reliably.
• Flexible timing – we adjust closing to match probate milestones.
• Probate experience – we coordinate directly with probate attorneys.
• Multi-heir simplicity – one clean offer with no contingencies is easier for multiple heirs to agree on than a protracted MLS listing.

Our Process for Inherited Properties

1. Initial consultation – address, probate status, your timeline. No obligation.
2. Property evaluation – we visit or coordinate access remotely if you're out of state.
3. No-obligation cash offer within 24 hours, with the comps we used to calculate it.
4. Probate attorney coordination – we work directly with your attorney to satisfy court requirements.
5. Closing and distribution – reputable title company handles the transfer. Proceeds go to the estate for distribution.

Frequently Asked Questions

Do I have to go through probate to sell an inherited house in Florida?

Usually yes. Florida requires probate for most estates with real property. Exceptions: property held in a revocable living trust bypasses probate entirely; property held as joint tenants with right of survivorship transfers automatically; "lady bird" enhanced life estate deeds also avoid probate.

What's the difference between summary and formal administration in Florida?

Summary administration is a simplified process for estates under $75,000 or where the decedent has been deceased for 2+ years. It takes 1–3 months but doesn't appoint a personal representative. Formal administration is the full process for larger estates – 6–12 months with a court-appointed PR.

Do I owe capital gains tax on an inherited Miami house?

You pay capital gains only on the difference between the sale price and the stepped-up basis (fair market value at the date of death). For most inherited property sold shortly after death, the taxable gain is small or zero. Florida has no state capital gains tax.

How long does probate take in Miami-Dade County?

Summary administration in the Miami-Dade probate court typically takes 1–3 months. Formal administration averages 6–12 months, though complex or contested estates can extend to 18–24+ months. You can check case status through the Miami-Dade Clerk's online records.

Can one heir force the sale of an inherited Miami property?

Yes, through a partition action under Florida Statute §64.011. Any co-owner can petition the court to force a sale and divide the proceeds. Partition is slow (6–18 months) and expensive ($5,000–$15,000+ in legal fees), so voluntary agreement is almost always better.

How do out-of-state heirs sell a Miami house remotely?

Cash sales work well for out-of-state heirs. We coordinate property access through lockbox or local contact, handle cleanout, and close at a title company that can coordinate remote notarization. Documents travel by mail or courier. Many out-of-state heirs never visit Miami during the transaction.