Florida Property Inheritance Basics
When someone passes away owning property in Florida, what happens next depends on how the property was titled, whether a valid will exists, and who survives the decedent.
Florida inheritance law — primarily found in Chapter 732, Florida Statutes (The Probate Code) and Article X, Section 4 of the Florida Constitution — provides clear (but sometimes complex) rules for transferring property.
Whether you’re a Florida resident or an out-of-state heir inheriting a Florida home, understanding these rules helps you avoid costly mistakes and unnecessary probate delays.
Step 1: Determine Ownership Type
How the property was titled at the time of death determines how it passes:
- Sole ownership: Property titled solely in the decedent’s name will likely require probate.
- Joint tenancy with right of survivorship: Automatically passes to the surviving owner without probate.
- Tenancy by the entireties (spouses): Passes directly to the surviving spouse upon death.
- Trust ownership: Avoids probate entirely if properly funded.
At Clause Law Group, we review the deed and title history to identify ownership and guide families on the appropriate transfer process.
Step 2: Check for Homestead Status
If the property served as the decedent’s Florida homestead, it receives constitutional protection and transfers under special rules.
Under Fla. Const. art. X, § 4 and Fla. Stat. § 732.401, homestead property:
- Passes directly to the surviving spouse and/or children;
- Is exempt from most creditor claims; and
- Requires a Petition to Determine Homestead Status to confirm the exemption and transfer title.
If the property is not homestead, it remains part of the probate estate and may be used to satisfy debts before distribution.
Step 3: Identify the Applicable Probate Process
If the property must go through probate, the next step is determining the type of administration:
- Summary Administration – for estates under $75,000 or where the decedent has been dead more than two years (Fla. Stat. § 735.201).
- Formal Administration – for larger or more recent estates requiring a personal representative.
- Ancillary Administration – for out-of-state decedents who owned Florida property (Fla. Stat. § 734.102).
Clause Law Group routinely handles all three types, often completing ancillary cases for out-of-state heirs without requiring travel to Florida.
Step 4: Understand the Inheritance Hierarchy
If the decedent had a valid will, the property passes according to that document — subject to Florida’s homestead restrictions if applicable.
If there’s no will, the property passes under Florida intestate succession laws:
- To the surviving spouse, if no descendants exist;
- Split between spouse and descendants, if both exist;
- If no spouse, to children, then parents, siblings, or more distant relatives.
If no relatives are found, the property escheats to the State of Florida (Fla. Stat. § 732.107).
Step 5: Address Mortgages, Taxes, and Insurance
Inheriting property does not automatically eliminate existing obligations.
Heirs should promptly:
- Continue mortgage payments to prevent foreclosure;
- Pay property taxes and maintain insurance;
- Transfer utilities and maintenance responsibilities;
- Obtain updated title insurance once ownership transfers.
Clause Law Group helps coordinate these practical steps alongside the legal process.
Step 6: Selling or Transferring the Property
After probate or homestead determination, heirs may choose to:
- Keep the property and retitle it in their names;
- Sell the property, with proceeds distributed among heirs;
- Transfer it into a trust or LLC for continued management.
If multiple heirs inherit together, a partition agreement may be used to sell or divide the property fairly. Our firm prepares and records these agreements to prevent disputes later.
Step 7: Out-of-State Heirs and Florida Real Estate
If you live outside Florida but inherit property here, you may need an attorney to complete an ancillary probate — a streamlined process that recognizes your rights without reopening the entire estate in another state.
Clause Law Group regularly assists heirs nationwide with these filings, handling everything electronically with Florida’s probate courts.
Final Thoughts
Inheriting property in Florida can be both a blessing and a challenge. Between homestead protections, title issues, and probate requirements, the process demands careful attention to detail.
At Clause Law Group, we guide heirs and families through every step — from identifying ownership and filing homestead petitions to resolving title transfers and property sales.
Whether you live in Florida or across the country, we ensure that your inherited property is protected, properly transferred, and ready for its next chapter.
