Through Volusia County probate: a court order or a personal representative moves title, and summary administration now covers estates up to $150,000.
The Volusia County Clerk's probate page still lists $75,000, but Fla. Stat. § 735.201 now sets $150,000, less exempt property, or a death more than two years ago. The statute controls, so the Clerk's page appears out of date.
This is general information, not legal advice. State rules vary.
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Selling an inherited house in Daytona Beach, Florida, usually starts with one question: what does the Volusia County court need to sign before anyone can sign a deed? The answer turns on the size of the estate, whether there is a will, and whether the house was a homestead.
One detail can mislead families right now. The Clerk's probate page still says summary administration fits estates that do not exceed $75,000. The current statute, Fla. Stat. § 735.201, was last amended by chapter 2026-57 and sets the limit at $150,000, less exempt property. It also allows summary administration when the death was more than two years ago. The statute controls, and the Clerk's page appears out of date.
This guide covers where Volusia County probate happens, who signs, how homestead rules change the picture, and what happens to the tax bill. There's no rush to decide whether to keep, rent, or sell. For the wider picture, see our guide to selling an inherited house in Florida, or our page on selling a Daytona Beach house for cash.
Where is probate handled for a Daytona Beach house?
Probate for a Daytona Beach resident runs through the Volusia County circuit court, part of Florida's Seventh Judicial Circuit. The Clerk's probate division lists the Volusia County Courthouse in DeLand as its contact, at (386) 736-5914.
The Seventh Judicial Circuit serves Flagler, Putnam, St. Johns, and Volusia Counties. It lists court facilities in Daytona Beach and DeLand, among other cities.
Venue usually follows where the person lived. Florida law places probate in the county where the decedent was domiciled (Fla. Stat. § 733.101). A parent who lived in another Florida county but owned a Daytona Beach house would usually have the case opened in that other county. If the owner lived outside Florida, the statute allows any county where the owner's property sits, such as Volusia.
The 10-day will deadline
Whoever holds the original will must deposit it with the clerk within 10 days after learning of the death (Fla. Stat. § 732.901). The Clerk's probate page repeats that rule. The Clerk's fee list shows no charge to deposit a will when no probate is opened.
Does the estate qualify for Volusia County probate summary administration?
It may, if the Florida estate, less property exempt from creditors, is $150,000 or less, or the death was more than two years ago. The will also must not direct formal administration under chapter 733.
"That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $150,000 or that the decedent has been dead for more than 2 years."
Fla. Stat. § 735.201(2), Florida Statutes, read November 11, 2026
That is the figure the statute sets today. The Clerk's page still prints $75,000, so a family reading only the county site could assume a larger estate needs formal administration. A Florida probate attorney can confirm which path fits a given estate.
A homestead may not count toward the $150,000
The test subtracts property exempt from creditors' claims. Article X, Section 4 of the Florida Constitution exempts a homestead from forced sale and says those exemptions inure to the surviving spouse or heirs. A protected homestead may therefore fall outside the $150,000 figure. That can open summary administration to an estate built around one house.
| Item | Summary administration | Formal administration |
|---|---|---|
| When it fits | Estate of $150,000 or less after exempt property, or a death more than 2 years ago, and the will does not direct formal administration (Fla. Stat. § 735.201) | Any estate may use it (Fla. Stat. § 735.202); it is the path when summary administration does not fit |
| Who files | A beneficiary or the person the will names as personal representative; the surviving spouse and beneficiaries sign, with exceptions (Fla. Stat. § 735.203) | A petition, usually prepared by an attorney (Volusia County Clerk) |
| What the court issues | An order of summary administration that can allow immediate distribution (Fla. Stat. § 735.206) | Letters of administration to the appointed representative (Volusia County Clerk) |
| Who signs the deed | The heirs the order assigns the house to | The personal representative; without a power of sale in the will, the court must authorize or confirm the sale (Fla. Stat. § 733.613) |
| Creditors | The petitioner searches for known creditors and serves them before the order (Fla. Stat. § 735.206(2)) | Most claims are due within 3 months after the first published notice to creditors (Fla. Stat. § 733.702) |
| Volusia County Clerk filing fee | $235 for an estate of $1,000 or less; $345 above $1,000 | $400 |
The fees come from the Clerk's fee list, read November 11, 2026. Attorney fees are not included.
Who signs the deed when an inherited Daytona Beach house sells?
In summary administration, the heirs named in the court's order sign. In formal administration, the personal representative signs, and the will decides whether a judge must approve the sale first.
When the will grants a power of sale
A will may give a specific power to sell real property, or a general power to sell any estate asset. Either way, the personal representative may sell without court authorization or confirmation (Fla. Stat. § 733.613(2)). The sale also does not need a showing of necessity.
When there is no power of sale
With no will, or a will whose power of sale is too limited to use, the personal representative may still sell at a public or private sale. Under § 733.613(1), though, no title passes until the court authorizes or confirms the sale.
The general list of powers points the same way. Under § 733.612(5), a personal representative can dispose of many estate assets without a court order. That list expressly excludes real property, so the house follows the separate rule in § 733.613.
What protects the buyer
A purchaser under a specific power to sell real property, or under a court order, takes title free of estate creditors' claims and beneficiaries' entitlements. Existing mortgages and liens stay attached (§ 733.613(3)). After a summary order, a good-faith buyer from the heirs takes the house free of the decedent's creditors' claims (§ 735.206(4)(c)).
The heirs still carry some risk after a summary order. Each recipient is personally liable for a share of lawful claims, up to the value received, and claims end 2 years after the death unless already pursued (§ 735.206(4)(e) and (f)).
How do Florida homestead rules affect an inherited house?
If the owner left a spouse or a minor child, the homestead generally cannot be left by will, except to the spouse when there is no minor child. The constitution and Fla. Stat. § 732.4015 both say so.
A homestead that cannot pass by will descends like other intestate property. When the owner leaves a spouse and descendants, the spouse takes a life estate and the descendants take the remainder (Fla. Stat. § 732.401(1)). The spouse may instead elect an undivided one-half interest as a tenant in common, within 6 months after the death.
Either way, more than one person usually holds an interest in the house. That split matters at a sale, because each person with an interest has a share to convey. The descent rule does not apply to a house held as tenants by the entirety or in joint tenancy with right of survivorship (§ 732.401(5)).
Protected homestead also sits outside the personal representative's control. Florida law makes all the decedent's Florida property, except the protected homestead, assets in the representative's hands (Fla. Stat. § 733.608(1)). If the house sits empty, the representative may take possession to preserve and insure it while its status is decided.
What happens to the Volusia County tax bill after an inheritance?
It can change. Florida reassesses a homestead at just value as of January 1 of the year after a change of ownership (Fla. Stat. § 193.155(3)(a)). The capped value an heir inherits may not last.
The Property Appraiser's FAQ sets a deadline for heirs who live in the house. An heir to a house with a homestead exemption, who occupied it as a primary residence by January 1, must apply for their own exemption by March 1.
Houses without a homestead exemption carry a different cap. The same FAQ says their assessed value cannot rise more than 10% over the prior year. If the house is sold, the cap is removed and the new owner starts a new base year. The FAQ adds that Amendment 3 lowers that limit to 5% beginning with the 2027 tax year.
Keep, rent, or sell an inherited Daytona Beach house?
Each choice can work, and the right one depends on who will live in the house, who will pay its costs, and whether the heirs agree. There's no rush to decide.
Keeping it
An heir who makes the house a primary residence can apply for their own homestead exemption, with the March 1 deadline above. Taxes, insurance, and upkeep keep coming due either way, and someone in the family has to pay them.
Renting it
Renting adds city rules. The City of Daytona Beach now requires owners of residential rentals with fewer than five units to register annually. That 2024 ordinance replaced the city's old license program.
Selling it
Redfin reports a median sale price of $313,532 for Daytona Beach in the three months ending October 2026, down 2.0% from a year earlier (Redfin, October 2026). Homes of all types took a median of 84 days on the market, up from 75 days a year before.
Zillow measures a different thing: a smoothed typical value for the middle tier of the city's homes. Its ZHVI stood at $251,316 for Daytona Beach in September 2026, down 1.6% over the year (Zillow ZHVI, September 2026). Our Daytona Beach housing market 2026 guide covers both sources in more detail.
Heirs who live out of state
A person who does not live in Florida can serve as personal representative only in certain relationships (Fla. Stat. § 733.304). Those include:
- a legally adopted child or adoptive parent of the decedent
- a relative in the decedent's direct line, such as a child or grandchild
- a spouse, brother, sister, uncle, aunt, nephew, or niece, or a direct-line relative of one of them
- the spouse of anyone who qualifies above
An empty house far from family can also gather problems. If the City opened a code case, our guide to selling a Daytona Beach house with a code lien explains the lien search. If mortgage payments stopped, see selling before the Volusia County foreclosure sale.
Steps from a death to a closing in Volusia County
Most inherited-house sales in Volusia County follow the same order, though no step comes with a set timeline. The list below is built from the statutes cited above.
Will deposit
The custodian deposits the original will with the clerk within 10 days of learning of the death (Fla. Stat. § 732.901).
Choosing the path
Summary administration if the estate is $150,000 or less after exempt property, or the death was over 2 years ago (§ 735.201). Otherwise, formal administration.
Homestead status
A surviving spouse or minor child limits who receives the house (Art. X, § 4(c); § 732.401).
Creditor notice
A creditor search and service before a summary order (§ 735.206(2)), or a 3-month claim window in formal administration (§ 733.702).
Authority to sell
A summary order assigns the house to heirs. In formal administration, letters issue, and the court authorizes or confirms the sale unless the will grants a power of sale (§ 733.613).
Closing and taxes
The assessment resets the January 1 after a change of ownership (§ 193.155(3)(a)). An heir who lives there applies for homestead by March 1.
A sale contract can be signed early, but the closing generally waits for the court paper in step 5. The order matters more than the calendar.
How can Propcash help with an inherited Daytona Beach house?
Propcash is a direct cash homebuyer, and we buy inherited houses as-is. Take what you want, leave the rest: no repairs, no cleaning, and no cleanout. We make one cash offer based on local market data and show how we got to our number.
There's no rush to decide. There are no agent commissions or fees, and you pick the closing date, which can be as few as 7 days after the contract is signed once the estate can sell. Our offer stands, so the heirs, the personal representative, and the estate's attorney can compare it with keeping, renting, or listing the house. If a cash sale is not your best move, we will tell you. When the family is ready, you can request a no-obligation cash offer or read how we help with inherited houses.
Frequently Asked Questions
Can an heir sell a Daytona Beach house before probate is finished?
Often, yes. In formal administration, a personal representative whose will grants a power of sale may sell without court approval, while other sales need the court to authorize or confirm them before title passes (Fla. Stat. § 733.613). In summary administration, the heirs can sell once the court's order assigns the house to them (Fla. Stat. § 735.206).
Is the $75,000 figure on the Volusia County Clerk's website still correct?
No. Fla. Stat. § 735.201, last amended by chapter 2026-57, Laws of Florida, sets the summary administration limit at $150,000, less property exempt from creditors' claims. It also allows summary administration when the death was more than two years ago. The Clerk's probate page still showed $75,000 when read on November 11, 2026, so it appears out of date.
Does a homestead count toward the $150,000 summary administration limit?
It may not. The statute measures the estate less property exempt from creditors' claims, and Article X, Section 4 of the Florida Constitution exempts a homestead and passes that protection to the surviving spouse or heirs. A Florida probate attorney can confirm whether a given house is protected homestead.
How much does the Volusia County Clerk charge to open a probate case?
The Clerk's probate fee list shows $235 for summary administration of an estate of $1,000 or less, $345 for a larger summary estate, and $400 for formal administration. Opening other estate filings, not including letters or a summary order, is listed at $231. Attorney fees are separate.
Can someone who lives outside Florida act as personal representative?
Only in certain family relationships. Fla. Stat. § 733.304 lets a nonresident serve if they are an adopted child, adoptive parent, or lineal relative of the decedent. A spouse, brother, sister, uncle, aunt, nephew, or niece also qualifies, as do their lineal relatives and the spouse of anyone who qualifies.
Will the buyer of an inherited house pay the same Volusia County taxes?
Usually not. Florida reassesses a homestead at just value as of January 1 of the year after a change of ownership (Fla. Stat. § 193.155(3)(a)). For a house without a homestead exemption, the Volusia County Property Appraiser says the 10% cap is removed when the house is sold, and the new owner starts a new base year.
Can Propcash buy an inherited house with furniture still inside?
Yes. Propcash buys houses as-is, so the family can take what it wants and leave the rest, with no cleanout. We make one cash offer based on local market data, there are no fees or commissions, and you pick the closing date once the estate has authority to sell.
Reviewed by the Propcash Editorial Team under our editorial standards. Published by Propcash, a direct cash buyer of houses. This guide is general information. Laws, fees, and market figures change, so check the current rules for your state.
