Selling an Inherited House in Orlando: Orange County Probate & Cash Sale Guide

Inheriting a house in Orlando triggers legal, financial, and logistical decisions most people are unprepared for — especially while grieving. Probate filings, property taxes, insurance, lawn care, keeping the AC running — carrying costs begin immediately. This guide covers everything you need to sell an inherited house in Orlando efficiently, from probate requirements to your best selling options.

Florida Probate Process for Orlando Properties

Before you can legally sell an inherited property in Orlando, the estate typically must go through probate. Florida's probate process is governed by the Florida Probate Code (Chapters 731-735), and Orange County probate matters are handled by the Ninth Judicial Circuit Court.

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 (Florida Statute 732.901). Failure to file is a misdemeanor.

Summary vs. Formal Administration

Summary Administration is available when the estate value (excluding exempt homestead) is $75,000 or less, or the decedent has been dead for more than two years. No Personal Representative is appointed — the court transfers assets directly. Timeline: 1-3 months. However, most Orlando properties push the estate above $75,000, meaning Formal Administration is typically required.

Formal Administration is the standard process for most Orlando estates with real property:

• Timeline: 5-6 months minimum; contested estates take longer
• Personal Representative (PR): Court-appointed with authority to manage assets, pay debts, and sell property
• Creditor notice period: Mandatory 3 months after publishing Notice to Creditors
• Attorney required: Florida mandates an attorney for Formal Administration
• Costs: Attorney fees of 2-3% of estate value, plus ~$400-$500 filing fees with Orange County Clerk

When Probate Is NOT Required

Several estate planning mechanisms transfer property outside of probate court:

• Living trust: If the property was in a revocable living trust, the successor trustee can sell directly without court involvement.
• Joint tenancy with right of survivorship: The surviving owner automatically inherits full ownership. A death certificate and affidavit clear title.
• Lady Bird Deed (enhanced life estate deed): Ownership transfers automatically to the named beneficiary at death — no probate required.
• Transfer-on-death (TOD) deed: Florida adopted the TOD deed in 2023. If recorded before death, the property transfers automatically upon filing a death certificate.

If any of these apply, you can sell immediately without waiting for probate. Confirm with a Florida real estate attorney which transfer method applies to your situation.

Can You Sell Before Probate Completes?

Yes. Once the court appoints a Personal Representative, the PR has authority to manage estate assets under FL Statute 733.612, including selling real property. Some wills grant selling authority directly — the PR can sell immediately after appointment.

If the will does not grant explicit authority, the PR petitions the court under FL Statute 733.613. The Ninth Judicial Circuit reviews the sale terms and issues an Order Authorizing Sale, typically adding 30-60 days. The practical takeaway: you can close a sale within 3-4 months of the date of death — not the 6-12 months many heirs assume.

The Financial Burden During Probate

Every month an inherited Orlando property sits vacant, carrying costs eat into the inheritance.

Over a 6-month probate period, carrying costs total $6,000 - $10,800+. Add a mortgage payment and the number climbs sharply. When the original owner passes, the property also loses its homestead exemption — the Orange County Property Appraiser reassesses at current market value, which can double or triple the tax bill.

Florida Tax Advantages for Heirs

When you sell an inherited property in Orlando, Florida charges zero state income tax, zero state inheritance tax, and zero state estate tax. Compare that to California (up to 13.3%), New York (up to 10.9%), or New Jersey (up to 10.75%). Florida heirs keep significantly more.

Stepped-Up Basis

The federal stepped-up basis (IRC Section 1014) resets your cost basis to the fair market value at the date of death — not the original purchase price.

Without the stepped-up basis, the taxable gain would be $250,000. With it, the gain is zero. The stepped-up basis is most valuable when you sell soon after inheriting — the longer you hold, the more appreciation accumulates above your basis and the more you owe in federal capital gains. Get an appraisal at the date of death to establish your basis for IRS documentation.

Multiple Heirs and Disagreements

When multiple people inherit an Orlando property, every decision requires coordination. Common disputes include disagreements on price and timing, some heirs being out of state, one heir wanting to keep the house without calculating the true ownership costs, or a family member living in the property and resisting a sale.

Buyout option: One heir pays the others their share based on an independent appraisal, usually funded through refinancing. Three siblings inheriting a $375,000 home means the keeping heir owes $125,000 to each of the other two.

Partition action: If heirs cannot agree, any co-owner can file under Florida Statute Chapter 64. The court typically forces a sale with proceeds divided. Partition actions are expensive, adversarial, and result in lower net returns.

Marketplace sale: Propcash provides objective pricing from multiple investors, a clean split at closing through the title company, and a 7-14 day timeline that resolves disagreements. The property sells as-is, eliminating arguments about repairs.

Condition Issues with Inherited Orlando Properties

Orlando's established neighborhoods — College Park, Colonialtown, Delaney Park, Winter Park adjacent areas, and Ivanhoe Village — contain homes built in the 1950s through 1970s that are the most likely to be inherited. These properties frequently carry decades of deferred maintenance:

• Outdated electrical: Fuse boxes, aluminum wiring, undersized panels — rewiring costs $8,000-$20,000+
• Old plumbing: Galvanized steel and polybutylene pipes — re-plumbing costs $6,000-$15,000
• Aging roofs: Central Florida UV, storms, and humidity shorten roof lifespan — replacement costs $10,000-$25,000
• Mold: Neglected HVAC in Orlando's humidity breeds mold behind walls and in ductwork — remediation costs $2,000-$15,000+
• HOA violations: Fines for property condition, landscaping, and exterior issues create liens that follow the property
• Code compliance: Orange County tracks violations that follow the property — unpermitted additions or modifications create active code cases
• Termite damage: Subterranean and drywood termites are endemic to Central Florida; vacant homes sustain undetected damage

These issues block traditional sales. FHA and VA loans require minimum property standards, and when inspections reveal these problems, financed buyers walk away or demand tens of thousands in repairs. Cash buyers purchase regardless of condition.

Orlando's Current Market Reality

Orlando homes currently sit 73-84 days on market, and more than 60% of listings sell under asking price. For inherited properties with deferred maintenance and outdated finishes, the picture is worse — traditional buyers have abundant inventory and skip homes that need work.

Listing an inherited property that needs $30,000-$100,000 in updates through an agent means months of carrying costs while the home sits, followed by buyer negotiations, inspection demands, and deals falling through. Every month unsold costs $1,000-$1,800+ while the market continues to soften.

Your Selling Options Compared

14-Day Selling Timeline Through Propcash

Once the Personal Representative has authority to sell, the Propcash process works on a compressed timeline:

• Day 1: Submit your property at propcash.co/get-offer. No photos, cleaning, or preparation needed.
• Days 1-3: Your property is broadcast to 500+ investors who specialize in inherited and as-is properties in Orlando.
• Days 3-5: Review multiple competing cash offers. Compare and select the best one.
• Days 5-7: The selected investor coordinates with your estate attorney and a local title company experienced with probate sales.
• Days 7-14: Close at the title company. Multiple heirs receive their share directly. No repairs, no cleanout, no showings.

Seller Experience

Frequently Asked Questions

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

In most cases, yes. Probate goes through the Ninth Judicial Circuit Court in Orange County. Formal Administration takes 5-6 months minimum; Summary Administration is available for estates under $75,000 or when 2+ years have passed since death. However, probate is not required if the property was held in a living trust, owned jointly with right of survivorship, transferred via a Lady Bird Deed, or designated with a TOD deed.

How long does Orange County probate take?

Formal Administration typically takes 5-6 months minimum, including a mandatory 3-month creditor claim period. Contested estates take longer. Summary Administration can be completed in 1-3 months. The will must be filed with the Orange County Clerk within 10 days of death.

Do I pay taxes when I sell an inherited house in Orlando FL?

Florida has no state income tax. Federal capital gains applies only to appreciation above the stepped-up basis — the fair market value at the date of death. If your parent bought for $125,000 and the home was worth $380,000 at death, your basis is $380,000. Sell for $375,000 and you owe zero. Selling soon after inheriting minimizes or eliminates your tax liability.

Can I sell an inherited Orlando house without making repairs?

Yes. Cash investors buy inherited properties in any condition — no repairs, cleaning, updates, or cleanout needed. This is especially valuable for homes in older Orlando neighborhoods like College Park, Colonialtown, and Winter Park adjacent areas with decades of deferred maintenance.

What if multiple heirs disagree about selling?

All heirs must generally agree unless the PR has explicit authority. If heirs disagree, options include a buyout or a partition action under Florida Statute Chapter 64. A competitive marketplace sale provides objective pricing and a clean split at closing through the title company — resolving disputes faster than litigation.

How quickly can I sell an inherited house in Orlando for cash?

Once the PR has authority to sell, a cash sale through Propcash can close in as little as 14 days. Compare that to 73-84 days on market in the traditional Orlando market, plus 30-45 days to close with a financed buyer.

Data Sources: Orange County Clerk of Courts (Ninth Judicial Circuit Court), Florida Probate Code (Title XLII, Chapters 731-735), FL Statute 733.612 and 733.613 (Personal Representative powers and sale authority), FL Statute Chapter 64 (Partition), FL Statute 732.901 (Filing of wills), IRS stepped-up basis regulations (IRC Section 1014), Orange County Property Appraiser, Florida Department of Revenue, Insurance Information Institute. Property tax estimates based on Orange County Property Appraiser median data. Insurance costs reflect 2025-2026 Florida market averages. Market statistics from Florida Realtors and Redfin Orlando metro data.