Real estate in the estate
Title transfer + Florida's unique homestead protections.
Real estate makes Florida probate more interesting — and Florida has some of the most distinctive real-property laws in the country. The homestead isn't just a tax concept; it's a constitutional protection that affects how the home descends, who can inherit, and what creditors can touch. Get it right and the family is protected for decades. Skip a step and the home can be exposed to creditors years later.
Almost every FL estate with a house needs probate of some kind — the deed has to be transferred from the deceased's name to the heirs', and that requires a court order. The good news: the path depends on the estate size and structure, not on whether there's real property. Summary admin works fine for estates with houses, and it's our most common scenario.
Beyond the homestead, there are practical questions: do you sell or keep? Who pays the mortgage during probate? What about the second home in Naples? We work through these on the consult — the answers usually clarify which path applies and what the timeline looks like.
What this means for you
- You'll almost certainly need probate to transfer title — even if everything else passes outside probate (POD accounts, joint property, etc.).
- The Florida homestead is exempt from most creditors and follows its own descent rules. We file a separate Petition to Determine Homestead ($400 add-on) to lock the protection in.
- Stepped-up basis applies. Heirs receive the property at its fair market value on the date of death — meaning if they sell soon after, capital gains tax is usually minimal. Big advantage over inheriting before death.
- Mortgage doesn't disappear. If there's a loan on the property, it survives the owner's death. Heirs can keep paying, refinance, or sell to pay it off.
- Title insurance after probate is straightforward when probate is done correctly. Skipping steps creates title clouds that haunt resale.
Which path applies
Most situations route to one or two probate paths. Here are the most likely fits — read the detailed page on whichever feels closest, or use the consult to confirm.
What we watch for
Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.
- Skipping the homestead petition. "It's automatic" — no, the protection is constitutional but the documentation isn't. Without an order, a creditor can challenge years later.
- Selling before probate is open. Buyers and title companies will catch it; the deal falls through. Probate first, sale after — even with a willing buyer.
- Forgetting about second homes or vacant land. A Naples condo, a Lake Wales orange grove, a parcel in Hernando — every parcel needs to transfer through some process.
- Stepped-up basis confusion. If someone inherited the home and later sells, they need the date-of-death value, not the original purchase price. Get an appraisal or a comparable-sales analysis at death — critical for the eventual capital gains math.
- Out-of-state heirs delaying decisions. When 4 siblings inherit a home and 3 want to sell, the holdout creates friction. We work through these conversations and document agreements.
Questions families ask us
A house in the estate is the most common situation we handle — probably 70% of our cases involve at least one piece of Florida real estate. The combination of homestead protection, stepped-up basis, and clean title transfer is one of the things we're best at. Your home will move from your loved one's name to yours cleanly, and the protection that came with it will stay intact.