Few probate questions cause more stress in Palm Beach than what to do with the house. Waterfront condos, homes near the Intracoastal, and family properties all carry emotional and financial weight. Here are answers to the questions we hear most often.
Can I sell my parent’s Palm Beach home before probate is finished?
Usually no. In Florida, real estate owned solely by the decedent generally cannot be sold with clear title until a personal representative is appointed and the court process is underway. A title company will require Letters of Administration showing who has legal authority to sign the deed. Selling “early” by handshake leaves a cloud on title that a buyer’s closing agent will reject.
Does Florida homestead change how the house passes?
Yes, and this surprises many families. Under the Florida Constitution (Article X, Section 4), a primary residence is protected homestead. If the decedent was survived by a spouse or minor child, the homestead does not pass freely through the will. A surviving spouse may receive a life estate or, by election, a one-half interest, with the remainder to descendants. Protected homestead also generally passes outside the reach of most creditors, which can actually make a sale simpler once heirs are confirmed. Because Palm Beach properties are frequently a couple’s homestead, this analysis matters before anyone lists the home.
Summary or formal administration to clear the title?
The path depends on the estate. Summary administration may be available when the probate estate (excluding exempt and protected homestead property) is worth $75,000 or less, or when the decedent died more than two years ago. Many Palm Beach estates, given local property values, instead require formal administration, in which a personal representative is appointed and can be granted authority to sell real estate. The will may grant a power of sale; if not, the personal representative may need a court order authorizing the sale.
Who pays the taxes, insurance, and HOA dues while we wait?
The estate is responsible for carrying costs during administration. That means property taxes, homeowner’s or windstorm insurance, and any condominium or HOA assessments common to Palm Beach communities must keep being paid, often from estate funds. Letting insurance lapse during hurricane season is a serious risk, so addressing coverage early protects everyone’s interest in the property.
What about Florida estate taxes on the sale?
Florida imposes no state estate or inheritance tax, so the sale itself is not taxed at the state estate level. Heirs may still have federal income tax considerations, such as capital gains measured from the stepped-up basis at the date of death. That is a conversation for your accountant alongside your attorney.
How are sale proceeds divided?
Once the home sells, proceeds flow into the estate. Valid creditor claims and administration expenses are paid according to Florida’s statutory priority, and the remainder is distributed to the beneficiaries under the will or, without a will, under Florida’s intestacy rules. Homestead proceeds may retain special protected status in some circumstances.
A note for Palm Beach families
Every home sale in probate turns on the specific facts of title, homestead status, and the will. This article is general information, not legal advice. Before listing a loved one’s Palm Beach property, speak with a licensed Florida probate attorney who can confirm your authority to sell and protect the proceeds for the people entitled to them.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
