Selling inherited land in Florida

Florida's small estate rules

Whether Florida's small estate process covers land is not clear from the statute. Ask a probate attorney before you rely on it.

The threshold: Summary administration is available if the estate subject to administration, less property exempt from creditors' claims, does not exceed $150,000. It is also available if the decedent has been dead more than 2 years.

Summary administration is a short court probate proceeding, not an affidavit. Florida homestead has separate rules. Confirm with a Florida probate attorney before conveying land.

Law: Fla. Stat. 735.201, 735.206. Confirm current figures with the probate court.

Steps to sell inherited land in Florida

• Find the will, if there is one, and the deed or tax bill showing the parcel.
• Ask the probate court or an attorney which path applies: full probate, a small estate process, or another filing.
• Get written proof of who can sign, such as letters from the court. The title company will ask for it.
• If several heirs inherited the land, agree on the sale and the split in writing. See selling land owned by several heirs.
• Ask for a cash offer and compare it with a listing. Taxes and loans are paid from the sale at closing.

Taxes when you sell

Inherited land usually gets a stepped-up basis: its value on the date of death. If you sell close to that value, the taxable gain may be small. Our capital gains guide explains it. Ask a CPA about your numbers.

Florida land at a glance

• Average farm real estate value: $9,150 per acre (2026, USDA).
• Average property tax on farmland: about $25.66 per acre per year (2022 Census of Agriculture).
• Transfer tax: Documentary stamp tax on deeds: 70 cents per $100 of consideration (0.70%). Miami-Dade County: 60 cents per $100, plus a 45 cents per $100 surtax. The surtax does not apply to a deed transferring only a single-family dwelling (so 1.05% on vacant land there). Consideration includes any mortgage or encumbrance on the property.
• Seller disclosure: No statutory seller disclosure form is required for vacant land (the radon disclosure excludes unimproved property). But the common-law duty to disclose known latent material defects (Johnson v. Davis) can still apply. The licensee duty in 475.278 for some unimproved residential land (10 acres or fewer) can still apply too.

These are statewide averages, not an appraisal. See selling land in Florida for county values, or try the land value estimator.

How a cash sale handles this

Liberty Acres is a family-owned cash land buyer. We buy land anywhere in the US, in any condition, including land with back taxes, inherited land and land with no road access. We pay back taxes and all closing costs, use no agents and charge no commissions, and close through a title company, escrow company or real estate attorney who pays you by wire or check.

Common questions