To sell an inherited house in Melbourne, FL, someone usually needs a Brevard County probate order or a personal representative with authority to sign the deed.
The Brevard Clerk counts a homesteaded house at $0 when it totals the estate, which can keep a family in the shorter summary path. Summary administration fits an estate that does not exceed $150,000 after exempt property, or a death more than 2 years ago.
This is general information, not legal advice. State rules vary.
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Has the court given someone in your family authority to sell the house yet?
Free. No obligation. You choose the closing date.
Heirs who sell an inherited house in Melbourne, Florida, usually start with a probate case in Brevard County. That case gives someone the legal authority to sign a deed. Until it does, a buyer cannot take title.
One line on the Clerk's probate page changes the math for many families. When the house was the owner's homestead, the Clerk counts its value as $0 in the estate total. That can keep an estate with a valuable house inside the shorter summary path. There's no rush to decide anything, and this guide is general information, not legal advice. A Florida probate attorney can tell you which path fits your family.
Do you need probate to sell an inherited house in Melbourne, FL?
Usually, yes, when the late owner held the house in their name alone. The Brevard County Clerk's probate page says solely owned real property must go through probate to transfer title to the heirs or beneficiaries.
The Clerk also offers a lighter filing for small estates, called a Disposition of Personal Property Without Administration. Its page says that form may not be used when real property is involved. A Melbourne house therefore goes through Summary Administration or Formal Administration.
How the deed is titled matters, so it helps to have a probate attorney read it before anyone files. Our statewide guide to selling an inherited house in Florida covers the wider rules, and this page stays with Brevard County.
Why can a homestead count as $0 in Brevard County probate?
Florida's summary administration test leaves out property exempt from creditors' claims, and the Brevard Clerk applies that to a homesteaded house by counting it at $0. Here is how the Clerk puts it:
"If there is real property involved and the property was homesteaded, the value of the property is exempt and is considered $0 in regards to calculating the total amount of assets for probate."
Brevard County Clerk, Probate page
The statute behind it is Fla. Stat. § 735.201. It allows summary administration when the Florida estate, "less the value of property exempt from the claims of creditors, does not exceed $150,000." It also allows it when the owner "has been dead for more than 2 years." The section's history ends with chapter 2026-57, its latest change.
The exemption traces to Article X, Section 4 of the Florida Constitution. It shields a homestead from forced sale and says the exemption passes to the surviving spouse or heirs. Whether a given house counts as protected homestead is a legal question for your attorney.
Summary or formal administration: which Brevard County probate path fits?
Summary administration fits when the estate, after exempt property, does not exceed $150,000 or the owner died more than 2 years ago, and the will does not direct formal administration. Formal administration is the path for a larger estate or when a personal representative is needed.
| Brevard County | Summary Administration | Formal Administration |
|---|---|---|
| Who qualifies | Estate not over $150,000 after exempt property, or a death more than 2 years ago; the will must not direct chapter 733 administration (Fla. Stat. § 735.201) | Assets over $150,000, or a personal representative is required (Brevard Clerk) |
| Homesteaded house | Counted at $0 (Brevard Clerk) | Counted at $0 (Brevard Clerk) |
| Attorney needed | No; forms come from the Law Library at the Viera Courthouse (Brevard Clerk) | Yes, attorney representation is required (Brevard Clerk) |
| Who signs the deed | The people the court's order assigns the house to (Fla. Stat. § 735.206) | The personal representative (Fla. Stat. § 733.613) |
| What the court must do before a sale | Enter the order of summary administration, after the petitioner searches for known creditors and serves them (Fla. Stat. § 735.206) | Authorize or confirm the sale, unless the will gives a power of sale (Fla. Stat. § 733.613) |
The Clerk's office says its role is ministerial, so it cannot give legal advice or help fill in the summary forms. For families without a lawyer, the Clerk's page lists the Florida Bar's Lawyer Referral Service at (800) 342-8011.
Where is a Melbourne estate filed and heard?
When the owner lived in Melbourne, the estate is filed with the Brevard County Clerk and heard in the Eighteenth Judicial Circuit. Under Fla. Stat. § 733.101, the case belongs in the county where the owner was domiciled.
The Eighteenth Judicial Circuit serves both Brevard and Seminole Counties. A few practical points from the Clerk's page help with planning:
- Summary Administration forms come from the Law Library at the Viera Courthouse, at (321) 617-7295.
- The Clerk's office does not schedule hearings; questions about hearings go to the presiding judge.
- Every probate petition should include the proposed order and at least one self-addressed stamped envelope.
If the owner lived in another Florida county, the case usually opens there, even for a Melbourne house. An owner with no Florida domicile is different: the statute allows filing in any county where the owner's property is located.
When can a Brevard County estate sell the inherited house?
In a summary case, the sale follows the court's order. In a formal case, the personal representative can sell while the case is open, with court approval unless the will grants a power of sale.
After a summary order
Under Fla. Stat. § 735.206, the court may enter an order allowing immediate distribution. The people the order assigns the house to can have it transferred to them. A good-faith buyer for value from them takes the house free of the late owner's creditors' claims and the rights of the spouse and other beneficiaries.
During a formal case
Fla. Stat. § 733.613 lets a personal representative sell at a public or private sale. Without a power of sale in the will, no title passes until the court authorizes or confirms the sale. With a power of sale, the representative can sell without that step.
Either way, the buyer takes title free of estate creditors' claims and beneficiaries' entitlements. Existing mortgages and other liens against the house are not affected.
How does Florida homestead law limit who can sell?
If the owner left a spouse or a minor child, the Florida Constitution says the homestead cannot be left by will. The one exception is a gift to the spouse when there is no minor child, and Fla. Stat. § 732.4015 repeats that rule.
When the homestead was not left as the law allows, Fla. Stat. § 732.401 sets who takes it. A surviving spouse with descendants receives a life estate, and the descendants receive the remainder. The spouse may instead elect an undivided one-half interest as a tenant in common, within 6 months after the death.
Either result can leave more than one person with an interest in the house. A probate attorney can explain whose signatures a deed needs in your family's case.
A few dates on this page shape when a sale can happen:
| Date or clock | What happens | Source |
|---|---|---|
| 6 months after the death | Deadline for a surviving spouse to elect a one-half interest in place of a life estate | Fla. Stat. § 732.401(2)(b) |
| More than 2 years after the death | Summary administration opens to an estate of any size | Fla. Stat. § 735.201 |
| Court order or confirmation | Title can pass to a buyer in a formal case without a power of sale | Fla. Stat. § 733.613 |
| January 1 after the sale | Homestead exemption and Save Our Homes cap come off | Brevard County Property Appraiser |
Why do Melbourne estates often involve older houses?
A Melbourne estate can include a house that has been in the family for decades. Census Bureau estimates for 2020-2024 show that more than a third of the city's housing units were built from the 1950s through the 1970s.
The city's population skews older too. The same Census Bureau survey puts residents 65 or older at 22.5% of Melbourne's population. A long-held house can come with original systems, deferred repairs, and a lifetime of belongings.
Heirs often weigh a few options while the probate case moves:
- Repairing the house and listing it with an agent.
- Selling it as-is, without sorting or cleaning first.
- Keeping it as a rental or for family use.
There's no rush to decide. Learning the timeline first can make the choice easier, and our inherited house page walks through each option.
What happens to the tax bill after an inherited Melbourne house sells?
The Brevard County Property Appraiser says the homestead exemption and the Save Our Homes cap come off on January 1 after a sale. If the assessed value is below market value, it rises to market value.
Florida also requires a property tax disclosure for the buyer at or before the contract (Fla. Stat. § 689.261). It tells the buyer not to rely on the seller's current taxes. For heirs, that keeps the future bill a matter for the buyer to plan around.
How can Propcash help with an inherited Melbourne house?
Propcash is a direct cash homebuyer, and we want to buy your inherited house as-is. No repairs, no cleaning, no cleanout: take what you want, leave the rest. There are no agent commissions and no fees, you pick the closing date, and a sale can close in as few as 7 days after the contract is signed.
Our offers are based on local market data, and we'll show you how we got to our number. Our offer stands, so take your time and show it to your probate attorney. If a cash sale isn't your best move, we'll tell you. When you're ready, you can get a cash offer on your inherited house or read how a sale works on our Melbourne cash house buyer page.
Frequently Asked Questions
Can I file summary administration in Brevard County without a lawyer?
Yes. The Brevard County Clerk says you do not have to be represented by an attorney to file for Summary Administration, and the forms are available from the Law Library at the Viera Courthouse. The Clerk cannot give legal advice or help complete the forms. Some families still ask a probate attorney to review the filing before it goes in.
Does a homestead count toward the $150,000 summary limit in Brevard County?
The Brevard County Clerk says a homesteaded house is exempt and counted at $0 when it totals the assets for probate. That follows Fla. Stat. § 735.201, which subtracts property exempt from creditors' claims before applying the $150,000 test. Whether a particular house is protected homestead is a question for a Florida probate attorney.
What if the owner died more than two years ago?
Summary administration is open to any Florida estate where the owner has been dead for more than 2 years, whatever its size (Fla. Stat. § 735.201). After 2 years from the death, the estate and those it is assigned to are generally not liable for claims against the late owner unless enforcement proceedings were started (Fla. Stat. § 735.206). A probate attorney can confirm how that applies to your family's case.
Can an heir sign a deed before the probate case closes?
A personal representative can sell during a formal case. Without a power of sale in the will, no title passes until the court authorizes or confirms the sale (Fla. Stat. § 733.613). The buyer then takes title free of estate creditors' claims, though existing mortgages and liens on the house remain.
Which court hears probate for a Melbourne, FL resident?
Probate for a Melbourne resident is filed with the Brevard County Clerk and heard in the Eighteenth Judicial Circuit, which serves Brevard and Seminole Counties. Florida law places the case in the county where the late owner was domiciled (Fla. Stat. § 733.101). An owner who lived in another Florida county opens the case there.
Will the buyer of an inherited Melbourne house pay the same property taxes?
Not necessarily. The Brevard County Property Appraiser says the homestead exemption and the Save Our Homes cap come off on January 1 after a sale, and a lower assessed value rises to market value. Fla. Stat. § 689.261 requires a disclosure telling the buyer not to rely on the seller's current taxes.
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.
