How to Handle an Inherited Florida Property When There is No Will

Inheriting a property is often a complicated process, but it becomes even more challenging when there is no will in place. In Florida, navigating the legal procedures for an intestate estate (an estate without a will) can be overwhelming, especially when real estate is involved. If you’ve recently inherited a Florida property under these circumstances, it’s essential to understand the legal steps and options available to you. Here’s a guide to help you through the process.

1. Understanding Florida’s Intestate Succession Laws

When there’s no will, Florida’s intestate succession laws determine how the property is divided among heirs. Typically, the closest relatives are the first in line to inherit. If the deceased was married and had children, the distribution varies based on whether those children were from the current spouse or previous relationships.

For instance:

• If the decedent is survived by a spouse and they have children together, the spouse generally inherits the entire estate.
• If there are children from a previous relationship, the spouse receives half of the estate, and the children share the remaining half.

It’s critical to consult a probate attorney to understand how these rules apply to your specific situation.

2. The Probate Process Without a Will

When a Florida property is inherited without a will, the estate must go through probate. Probate is the legal process of distributing the deceased’s assets, including real estate, to rightful heirs. During this process:

• A personal representative (or executor) will be appointed by the court to manage the estate.
• All debts and taxes must be paid before the property can be distributed.
• If there are multiple heirs, the property may be sold, and the proceeds divided.

Even though probate can be time-consuming, having the right legal guidance can help streamline the process.

3. Navigating Co-Ownership Among Siblings or Multiple Heirs

When multiple people inherit a property, co-ownership can present challenges. Not all heirs may agree on what to do with the property—some may want to sell, while others may wish to keep it. Co-ownership disputes can complicate an already delicate situation.

In these cases, you have several options:

• Sell the Property: This is often the simplest solution, especially if none of the heirs wish to retain the property. The proceeds can be split according to each heir’s share.
• Buy Out the Other Heirs: If one heir wants to keep the property, they can buy out the others’ shares.
• Partition Lawsuit: If the heirs cannot agree, one or more parties can file a partition lawsuit to force the sale of the property.

4. Dealing with Debts and Liabilities

In Florida, the estate is responsible for paying off any debts the deceased owed. This could include a mortgage, property taxes, or other liens on the property. Before the property can be transferred or sold, all debts must be settled. If the property has significant debts attached, it may be necessary to sell it to cover these obligations.

If the debts exceed the value of the estate, heirs are not personally liable for the remaining debt, but it can complicate the probate process.

5. Consider a Cash Sale for a Quick Resolution

For heirs looking to resolve an inherited property issue quickly, especially in the absence of a will, a cash sale can be an ideal solution. Selling the property to a highly-rated cash buyer, like Take Flight Home Buyers, eliminates the need for lengthy repairs, renovations, or the hassle of listing the property on the market. A cash sale also helps avoid ongoing costs like property taxes, maintenance, and homeowners’ insurance.

At Take Flight Home Buyers, we specialize in helping families in Florida navigate the complexities of selling inherited properties. We understand how stressful this process can be, particularly when probate is involved. Our team offers a fast, hassle-free solution, allowing you to close the sale quickly and move on with peace of mind.

Reach out to us today to learn more about what we can offer you! (850) 665-0717