Selling Inherited Land in Florida: Probate, Taxes, and Cashing Out

You inherited Florida land. Now what?

Inheriting a vacant parcel sounds like a windfall until the first tax bill shows up. Most heirs we work with live out of state, have never seen the property, and just want it converted to a check without flying down or learning Florida real estate law. Here's how that actually works.

First, figure out what stage you're in

There are three common scenarios:

Scenario A: The owner is alive but wants to gift / sell now

Easiest case. The current owner signs the deed at closing, you're done.

Scenario B: The owner has passed and probate is open or finished

If probate is finished and the property was transferred to you (or to multiple heirs) by court order, you're now on title and can sell like any other owner. If probate is still open, the personal representative (executor) signs on behalf of the estate, usually with court approval baked into the order appointing them.

Scenario C: The owner has passed and probate hasn't been opened

This is the most common stuck scenario. The deed is still in the deceased's name. You cannot legally sign for them. You need one of:

• Formal probate: full court process, 3 to 9 months, required for estates over $75K of non-exempt assets.
• Summary administration: faster track, available for smaller estates or when the death was more than two years ago.
• Affidavit of heirs / lineal heirship: sometimes accepted by title companies for very small parcels with clear, undisputed heirs.

A Florida real estate attorney can usually tell you in 15 minutes which path applies. Many will run probate flat-fee for a single vacant lot.

The huge tax break most heirs don't know about

When you inherit land in the U.S., your cost basis steps up to the fair market value on the date of death. Example:

• Grandma bought the lot in 1978 for $2,000.
• It's worth $25,000 the day she passed.
• You sell it six months later for $25,000.
• Your taxable gain is $0. Not $23,000: zero.

You'll still get a 1099-S from the title company, and you still report the sale, but the basis offset usually wipes out federal capital gains. Florida has no state income tax, so there's nothing on the state side either. (Always confirm with a CPA. This is general info, not tax advice.)

What multiple heirs need to know

If the property passes to three siblings, all three sign the deed at closing. One holdout sister can block the entire sale. Before you spend any time on this, have an honest conversation with every heir. The two failure modes we see most often:

1. One heir wants to keep "Dad's land" for sentimental reasons.
2. One heir believes the lot is worth far more than it actually is and refuses to sign.

If you can't get unanimous agreement, you may need a partition action: a court order forcing the sale. It works, but it's slow and burns through some of the proceeds in legal fees.

Closing remotely

Almost every inherited-land seller we work with is out of state. The closing playbook:

• Title company emails documents for review.
• A mobile notary comes to your house wherever you live, watches you sign, and overnight-ships the package.
• Funds wire to your bank account the same day the deed records in Florida.

You don't fly, you don't drive, you don't visit the property.

What to do this week

1. Find the deed (county Clerk of Court website, free).
2. Look up the parcel on the county Property Appraiser site.
3. Check the tax bill for back taxes.
4. Have a frank conversation with any co-heirs.
5. Get a written offer so you know what the property is actually worth in today's market.

We buy inherited land in every county in Florida, including parcels stuck in probate. If you're not sure what stage you're in, send us the address and the deceased's name. We'll tell you what we see and what it would take to close.