Losing a loved one is hard, and sorting out real estate in the middle of it can feel confusing. If you have inherited a home in Orlando without a will, you are dealing with Florida’s intestate rules, probate, and potential tax consequences all at once. The good news is that a clear plan will help you avoid delays, protect the property’s value, and decide whether to keep it, rent it, or sell fast for cash.
Get the Free Orlando Probate Starter Checklist
Want a quick roadmap that fits Orlando and Orange County processes, with links to helpful forms and a simple timeline? Request our free “Orlando Probate Starter Checklist.” It shows what to do first, who to call, and how to prepare if you plan to sell the home.
1) Confirm Who Owns What
When there is no will, Florida’s intestate succession rules decide who inherits. Start by identifying the heirs and what each person may be entitled to. If the deceased was married, the surviving spouse may have strong rights. If there was no spouse, the next in line could be children, then parents, then siblings. If multiple family members inherit, the property becomes a shared asset. That can affect every decision from repairs to listing to whether you can sell fast.
Action steps:
- Order several certified death certificates.
- Pull the recorded deed from the county recorder so you know how title is held.
- Make a simple family map of potential heirs and contact information.
- If you are unsure, speak with a Florida probate attorney to confirm your position before you try to sell the home or sign any contracts.
Why this matters:
You must know the rightful owners before you transfer, rent, or sell. Confirmed ownership prevents disputes and keeps the transaction on schedule.
2) Establish a Realistic Property Value
Before deciding what to do, learn what the property is worth today. That number will guide insurance, negotiations among heirs, and your exit strategy if you plan to sell home for cash or list on the market.
Ways to estimate value:
- Hire a licensed appraiser for the most defensible number.
- Ask a local Orlando agent for a comparative market analysis.
- Use online valuation tools as a quick pulse check.
- Walk the property and document condition, needed repairs, and updates.
Tip on tax consequences:
In many estates, heirs receive a “stepped-up” basis to fair market value on the date of death. That can reduce capital gains if you sell fast soon after inheriting. Speak with a tax professional to understand how basis, holding period, and selling costs will impact your bottom line.
3) Choose a Path: Keep, Rent, or Sell
Once you know the value and your ownership status, decide how the property fits into your life.
Keep the property
This path works when the home carries sentimental value or fits long-term plans. Consider:
- Ongoing costs. Taxes, utilities, insurance, HOA dues, and maintenance.
- Title transfer. You will eventually need a clean deed in the heir’s name.
- Cash needs. Keeping the house ties up equity.
Rent the property
Orlando’s rental market can generate steady income, but it comes with responsibilities.
- Tenant screening, lease compliance, repairs, and possible vacancies.
- Landlord insurance and reserve funds for unexpected issues.
- You can hire a property manager, but build their fees into your numbers.
Sell the property
Selling can simplify everything, pay off debts, and allow heirs to split proceeds cleanly.
- List with an agent for maximum exposure if the home shows well and you can wait.
- Sell cash to a direct buyer when you want a quicker, simpler transaction with no repairs or showings. This can be helpful during probate or if the home needs work. A cash offer may close on your timeline so you can move forward sooner.
SEO note for readers:
If you prefer to sell fast in Orlando, a sell cash option can remove uncertainty and reduce carrying costs while still giving you clarity on the tax consequences.
4) Understand Probate in Florida
Probate is the court-supervised process that validates heirs, settles debts, and transfers title. Even when the family agrees, you will likely need some form of probate to pass clear title.
Typical steps:
- File to open probate. The court appoints a personal representative.
- Notify creditors and identify estate assets and debts.
- Handle property costs during the process. Taxes, insurance, and upkeep.
- Get court approval for the transfer or sale when required.
- Distribute net proceeds to heirs after debts and costs are paid.
Timelines vary with complexity. Organized records, quick decisions among heirs, and clean property conditions help you move faster. If you plan to sell the home during probate, talk with your attorney about the right sequence so the closing occurs smoothly.
5) Coordinate With Co-Heirs Early
Shared inheritance is common and can stall progress if expectations are not aligned.
Practical tips:
- Schedule a short heir meeting and share the property’s current condition, market value range, and carrying costs.
- Agree on interim rules like no new spending without group approval.
- If one heir wants to keep the home, consider a buyout using an appraisal as the baseline.
- If everyone wants out, agree in writing on the sale method, target price, and timeline. Decide upfront whether you will list traditionally or pursue a sell cash option to shorten the process.
A little structure now keeps emotions lower and reduces the risk of costly delays or legal action.
6) Budget for Debts, Liens, and Taxes
Before the estate distributes anything, financial obligations must be settled. Common items include:
- Mortgage balances and payoff statements.
- Property taxes. Check for delinquencies or tax certificates.
- HOA or condo assessments.
- Municipal liens for code violations or unpaid utilities.
- Estate administration costs and professional fees.
Tax consequences to consider:
- Capital gains if you sell the home for more than the stepped-up basis plus selling costs.
- Potential state-level impacts if the decedent owned property in multiple states.
- Rental income reporting if you lease the property during probate.
Consult a CPA or tax attorney familiar with Florida estates. A brief planning call can save heirs thousands at tax time.
7) Prepare the Home to Maximize Net Proceeds
You do not always need a full renovation to get a strong outcome. Match the preparation to your exit path.
- For a traditional listing, focus on safety fixes, curb appeal, and light cosmetic improvements with tight cost control.
- For a sell fast cash route, prioritize removing personal items, documenting condition, and making the home accessible for a quick evaluation.
- Keep receipts. Some costs may increase basis or be deductible against the sale.
Your goal is not perfect. It is to net the most money in the least time within the realities of probate and co-heir coordination.
8) Transfer Title Cleanly
When the court process wraps up or the sale closes, finish the paperwork so the chain of title is clean.
- Record the personal representative’s deed or the appropriate transfer document.
- Update the mailing address with the county property appraiser and tax collector.
- Move insurance and utilities into the correct name or cancel after closing.
- Keep a complete file. Deed, closing statement, appraisal, receipts, and tax forms.
Clean records make tax filing simple and protect you if questions arise later.
Frequently Asked Questions
Can we sell the home before probate ends?
In many cases, yes, with the right approvals. Contracts can be signed subject to court authority, and closings can occur when the court authorizes the sale. Work closely with your attorney and closing agent.
Is a sell cash offer lower than listing?
It may be. The tradeoff is speed, certainty, and no repairs. In probate situations, that certainty can be valuable, especially when there are multiple heirs or significant repairs.
What are the main tax consequences when we sell home in Orlando?
Often the biggest factors are the stepped-up basis, closing costs, and how long you hold the property. Confirm with a tax professional before you sell fast or list traditionally.
Final Thoughts
Inheriting a home in Orlando without a will feels complicated at first. A clear plan will carry you through. Confirm ownership, estimate value, choose a path, coordinate with heirs, budget for debts and tax consequences, and transfer title cleanly. If your priority is simplicity, a sell cash option can help you sell fast and wrap up the estate with fewer moving parts. If your priority is top-of-market price and the home shows well, listing may be right for you. Either way, the right steps in the right order will save time and protect the value of what your loved one left behind.
Need a starting point tailored for Orlando and Orange County? Request the free Orlando Probate Starter Checklist, or reach out for a quick call to map your next three steps.