Selling an Inherited House in Jacksonville FL: Duval County Probate & Tax Guide

Inheriting a property in Jacksonville triggers a chain of decisions you did not ask for. Probate filings, property taxes, homeowner's insurance, lawn maintenance, keeping the AC running to prevent mold — the carrying costs begin accumulating immediately, and they do not pause while you grieve. If the property is across town or across the country, the logistical burden compounds every week.

This guide covers exactly what you need to know to sell an inherited house in Jacksonville FL efficiently. We walk through Duval County's specific probate requirements, the tax advantages Florida gives you, the real costs of holding an inherited property, and the selling options available to you — whether you live in Jacksonville or a thousand miles away.

Duval County Probate: What You Need to Know

Before you can legally sell an inherited property in Jacksonville, the estate must go through probate. In Duval County, probate matters are handled by the 4th Judicial Circuit Court. The Clerk of Courts office is located at 501 West Adams Street, Room 1260, Jacksonville, FL 32202.

The first critical deadline: Florida law requires the decedent's will to be filed with the Clerk of Courts within 10 days of the date of death. Failure to file the will is a misdemeanor under Florida Statute 732.901. Even if you are not ready to open probate, the will must be deposited with the court.

Summary Administration

Summary Administration is the streamlined probate path available when:

• The total estate value (excluding exempt homestead property) is $75,000 or less, or
• The decedent has been dead for more than two years

Summary Administration is faster and simpler than Formal Administration. No Personal Representative is appointed — the court issues an Order of Summary Administration that transfers assets directly to the beneficiaries. It can often be completed in weeks rather than months, and it costs significantly less in attorney fees. However, if the estate includes real property that pushes the value over $75,000, most Jacksonville estates will require Formal Administration.

Formal Administration

Formal Administration is the standard probate process required for most Jacksonville estates where real property is involved. Here is what to expect:

• Timeline: 4-6 months minimum to clear title, and contested estates can take much longer
• Personal Representative (PR): The court appoints a Personal Representative — often the person named in the will — who has legal authority to manage estate assets, pay debts, and sell property
• Creditor notice period: Florida law requires a mandatory 3-month creditor claim period after the Notice to Creditors is published in a local newspaper
• Attorney required: Florida mandates an attorney for Formal Administration — this is not a process you can handle yourself
• Costs: Attorney fees typically run 2-3% of the estate value, plus court filing fees of approximately $400-$500 with the Duval County Clerk

Selling During Probate

You do not have to wait for probate to fully close before selling the inherited property. This is one of the most common misconceptions among heirs, and understanding this can save you months of carrying costs.

Once the court appoints a Personal Representative, the PR has authority to manage estate assets under Florida Statute 733.612. This includes the authority to sell real property. The key mechanism for selling during probate is FL Statute 733.613, which allows the Personal Representative to petition the court for authority to sell estate property.

Some wills grant this selling authority directly. If the will includes language authorizing the PR to sell real property without additional court approval, the PR can list and sell the property immediately after appointment. If the will does not grant explicit selling authority, the PR files a Petition for Sale of Real Property with the 4th Judicial Circuit Court. The court reviews the terms and, if the sale is in the estate's best interest, issues an Order Authorizing Sale. This adds approximately 30-60 days to the process.

The practical takeaway: from the date of death, you can realistically close a sale within 3-4 months if you move efficiently — not the 6-12 months many heirs assume.

Florida's No-State-Income-Tax Advantage

This is a significant financial benefit that many heirs do not fully appreciate. When you sell an inherited property in Jacksonville, Florida charges zero state income tax on the sale proceeds. There is no state capital gains tax, no state inheritance tax, and no state estate tax.

Compare that to what heirs face in other states:

On a $300,000 sale with a $50,000 capital gain, an heir in California could owe $6,650 in state taxes alone. In Florida, that number is zero. Combined with the federal stepped-up basis discussed below, heirs selling inherited Jacksonville property often owe nothing in taxes at all.

Stepped-Up Basis: How It Saves You Thousands

The federal stepped-up basis (IRC Section 1014) is the single most important tax benefit when selling inherited property. Under current tax law, your cost basis in the inherited property resets to the fair market value at the date of death — not the original purchase price paid by the decedent.

Here is how it works with a Jacksonville example:

Without the stepped-up basis, the taxable gain would be $195,000 ($315,000 minus the original $120,000 purchase price). With it, the gain is zero because you sold below the stepped-up basis of $320,000.

Now consider what happens if you wait:

In the second scenario, you owe federal capital gains tax on $20,000. At the 15% long-term rate, that is $3,000 in federal taxes — plus you paid $900-$1,750 per month in carrying costs for however long you held the property. The stepped-up basis is most valuable when you sell soon after inheriting.

The True Cost of Holding an Inherited Property

Every month you hold an inherited Jacksonville property, you are paying to own a home you did not choose. These costs are real, they are recurring, and they add up faster than most heirs expect.

Over a 6-month probate period, carrying costs total $5,400 - $10,500+. Over 12 months, that number doubles. Every dollar spent on carrying costs comes directly out of the heirs' inheritance.

Florida's Climate Accelerates Deterioration

Jacksonville's subtropical climate is actively hostile to unoccupied buildings. Problems that might take years to develop in drier climates happen in weeks or months in Northeast Florida.

• Mold grows within weeks if the AC is off. Jacksonville's average humidity exceeds 70%. Without air conditioning running continuously, mold establishes on drywall, in closets, in ductwork, and behind cabinets within two to three weeks. Professional remediation costs $2,000-$15,000+ depending on severity.
• Termites attack vacant properties year-round. Subterranean termites are endemic to Duval County. A vacant home with no regular inspections can sustain thousands of dollars in structural damage before anyone notices. Drywood termites are equally common in older Jacksonville homes.
• Lawn code violations happen in 2-3 weeks. Jacksonville's code enforcement is active. An unmowed lawn in summer can trigger a violation notice within 2-3 weeks, followed by fines. If you have an HOA, the timeline for fines is even shorter.
• Pools turn green in days. An untreated pool in Florida becomes a health hazard and code violation within days. Green pools attract mosquitoes, and the county can issue fines and even drain the pool at the owner's expense.
• Storm damage goes undetected. Jacksonville is in a hurricane zone. Tropical storms and heavy rain events can damage roofs, knock down trees, and cause flooding. If nobody is checking the property, damage compounds for weeks or months before discovery.

Out-of-state heirs face this constantly. You cannot monitor a Jacksonville property from Ohio, New York, or Michigan. Every month the home sits vacant is a month something can go wrong that eats into the property's value — and your inheritance.

Jacksonville's Aging Housing Stock

Many inherited homes in Jacksonville were built before 1960 — and some date back much further in established neighborhoods like Riverside, Avondale, San Marco, Springfield, and Murray Hill. While these neighborhoods have strong community appeal, the structures themselves often carry decades of deferred maintenance and outdated systems that create serious complications when selling.

Common Issues in Pre-1960 Jacksonville Homes

• Lead paint: Any home built before 1978 may contain lead-based paint. Federal law requires disclosure, and the presence of deteriorating lead paint can disqualify the property for FHA and VA financing.
• Galvanized steel pipes: Common in homes built before 1960, galvanized pipes corrode from the inside out, restricting water flow and eventually failing. Full re-plumbing costs $6,000-$15,000.
• Knob-and-tube wiring: Found in homes built before the 1940s. This outdated electrical system cannot handle modern loads, is a fire hazard, and is uninsurable by most carriers. Rewiring costs $8,000-$20,000+.
• Asbestos: Used extensively in insulation, floor tiles, pipe wrapping, and popcorn ceilings in homes built before 1980. Asbestos abatement is expensive and must be performed by certified professionals.
• Termite damage: In Jacksonville's climate, older homes with wood framing, wood siding, or wood subfloors are particularly susceptible to structural termite damage that may have accumulated for decades.

Why This Matters for Selling

These issues do not just reduce value — they actively block traditional sales. FHA loans require a property to meet minimum property standards. VA loans have similar requirements. When an inspection reveals lead paint hazards, knob-and-tube wiring, galvanized plumbing, or active termite damage, traditional buyers walk away or demand tens of thousands in repairs.

Cash buyers, by contrast, purchase properties regardless of condition. They factor repair costs into their offer and handle all renovations after closing. For inherited homes with pre-1960 construction issues, a cash sale is often the only practical path that does not require the estate to invest $30,000-$100,000+ in renovations first.

Multiple Heir Complications

When two or more people inherit a Jacksonville property, every decision requires coordination — and disagreements are common. Unless the Personal Representative has explicit authority in the will to sell the property, all heirs must generally consent before a sale can proceed.

Common Disputes

• One heir wants to keep the house, another wants to sell. This is the most common conflict. The heir who wants to keep it often has sentimental attachment but has not calculated the true costs of ownership — property taxes (especially after losing the Save Our Homes cap), insurance, maintenance, and the opportunity cost of having their inheritance locked in a single asset.
• Out-of-state heirs cannot participate. When siblings are scattered across multiple states, coordinating decisions, property inspections, and maintenance becomes a logistical challenge that delays everything.
• Disagreements on price. One heir wants to accept a quick cash offer while another insists on listing for top dollar. Neither is wrong — they just have different priorities and financial situations.
• One heir is living in the property. When a sibling or family member is occupying the inherited home, asking them to leave so the property can be sold creates personal conflict on top of the legal and financial issues.

Florida Partition Law

If heirs cannot reach an agreement, Florida law provides a legal remedy. Any co-owner can file a partition action under Florida Statute Chapter 64 in circuit court. The court typically orders a partition by sale — forcing the property to be sold with proceeds divided among the co-owners according to their ownership shares.

Partition actions are expensive, adversarial, and time-consuming. Attorney fees, court costs, and the forced-sale nature of the process typically result in a lower net return for all parties. It is almost always better to negotiate a private resolution — whether that means a buyout (one heir pays the others based on an independent appraisal) or agreeing to sell through a competitive marketplace that provides objective pricing from multiple investors.

Ancillary Probate for Non-Florida Residents

If the decedent was not a Florida resident but owned property in Duval County, the estate requires ancillary probate in Florida in addition to whatever probate is happening in the decedent's home state. This is a separate court proceeding filed in Duval County's 4th Judicial Circuit Court.

Ancillary probate adds significant complexity and cost:

• You will need a Florida probate attorney in addition to the attorney handling the primary estate in the home state
• The out-of-state Personal Representative must appoint a resident agent in Florida to accept service of process
• Ancillary probate adds $3,000-$7,000+ in legal fees on top of the primary probate costs
• Coordination between two legal teams in two states adds delays and administrative burden

Ancillary probate is one of the strongest reasons non-resident heirs choose to sell inherited Duval County property quickly rather than hold it. The combined legal costs, carrying costs, and management challenges of a cross-state probate make holding the property financially unattractive for most heirs.

Your Selling Options Compared

Jacksonville heirs have four paths to sell an inherited property. Each has tradeoffs in terms of timeline, cost, effort, and net proceeds.

For most inherited Jacksonville properties — especially those with deferred maintenance, aging systems, or multiple heirs — a competitive cash marketplace delivers the best combination of speed, simplicity, and price. You get the speed of a cash sale without settling for one lowball offer.

Frequently Asked Questions

Do I need to go through probate to sell an inherited house in Jacksonville?

In most cases, yes. Inherited properties in Jacksonville require probate through the 4th Judicial Circuit Court in Duval County. Formal Administration is required for estates over $75,000 or when the decedent died within the past two years, and typically takes 4-6 months minimum. Summary Administration is available for estates under $75,000 or when 2+ years have passed since death and is significantly faster. You can sell during probate once the Personal Representative is appointed — you do not have to wait for the full process to close.

How long does Duval County probate take?

Formal Administration through the 4th Judicial Circuit Court typically takes 4-6 months at minimum, including a mandatory 3-month creditor claim period. Contested estates can take much longer. Summary Administration can be completed in weeks rather than months. The will must be filed with the Duval County Clerk of Courts at 501 West Adams Street within 10 days of the date of death, regardless of when you plan to open probate.

Do I owe taxes when I sell an inherited house in Jacksonville FL?

Florida has no state income tax, so you owe nothing at the state level. Federal capital gains tax applies only to appreciation above the stepped-up basis — the fair market value at the date of death. For example, if your parent bought the house for $120,000 in 1995 and it was worth $320,000 at death, your basis is $320,000. If you sell for $315,000, you owe zero in capital gains. If you wait and sell later for $340,000, you owe capital gains only on the $20,000 above your basis. Selling soon after inheriting minimizes or eliminates your tax liability entirely.

Can I sell an inherited Jacksonville house if I live out of state?

Yes. Cash buyers inspect the property themselves and handle the entire process remotely. Closing documents can be signed via mobile notary in your home state without traveling to Jacksonville. If the decedent was also a non-Florida resident, be aware that ancillary probate is required in Duval County in addition to probate in the home state, which adds $3,000-$7,000+ in legal fees and additional complexity.

What happens if multiple heirs disagree about selling the inherited Jacksonville property?

When multiple heirs inherit a property, all generally must agree to sell unless the Personal Representative has explicit authority in the will. If heirs disagree, options include a buyout (one heir pays the others based on an independent appraisal) or a partition action under Florida Statute Chapter 64 to force a court-ordered sale. Partition actions are expensive, adversarial, and typically result in lower net proceeds. A competitive marketplace sale provides objective pricing from multiple investors and a clean split at closing through the title company.

What condition issues are common in inherited Jacksonville homes?

Jacksonville has significant older housing stock with pre-1960 construction. Common issues include lead paint in pre-1978 homes, galvanized steel pipes that corrode and restrict water flow, knob-and-tube wiring that is a fire hazard and uninsurable, asbestos in insulation and flooring, and termite damage. These issues cause FHA and VA appraisals to fail and traditional buyers to walk away. Florida's humidity also breeds mold quickly in vacant homes if the AC is turned off, and unmowed lawns trigger code violations within 2-3 weeks. Cash buyers purchase in any condition regardless of these issues.

Data Sources: Duval County Clerk of Courts (4th Judicial Circuit Court), Florida Probate Code (Title XLII, Chapters 731-735), FL Statute 733.613 (Sale of real property by Personal Representative), FL Statute Chapter 64 (Partition), FL Statute 732.901 (Filing of wills), IRS stepped-up basis regulations (IRC Section 1014), Florida Department of Revenue, Insurance Information Institute (Florida homeowners insurance data). Property tax estimates based on Duval County Property Appraiser millage rates. Insurance costs reflect 2025-2026 Florida market averages. Carrying cost estimates based on Jacksonville-area pricing.