What if I inherited a house but don't want it in Fort Lauderdale?

If you own a house in Fort Lauderdale, FL and you are dealing with inherited property, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Fort Lauderdale and how sales are handled in FL, not generic national advice.

Direct Answer

If you have inherited a house in Fort Lauderdale but do not want to keep it, you have three primary legal paths: you can formally refuse the inheritance (called a 'disclaimer'), sell the property after it clears the probate process, or donate it to a qualified charity. Because Florida does not have a state-level inheritance or estate tax, your primary concerns will be navigating the Broward County probate court and managing the property's maintenance until the title is officially transferred or sold.

Key Details

Inheriting a home often comes with unexpected responsibilities, especially in a high-demand market like Fort Lauderdale. If the home is not something you want to manage, it is important to act quickly to avoid mounting costs like property taxes, homeowner association (HOA) fees, and the physical upkeep required by Florida’s humid climate.

The 'Stepped-Up Basis' Tax Benefit

One of the most important financial concepts for an inherited home is the stepped-up basis. In simple terms, the IRS looks at the value of the home on the day the previous owner died, rather than what they originally paid for it. For example, if your relative bought a Fort Lauderdale home in 1990 for $100,000 and it is worth $600,000 when they pass away, your 'tax basis' is $600,000. If you sell it immediately for that price, you pay $0 in capital gains tax. This makes selling an unwanted inherited home much less expensive than selling a home you bought yourself.

The Cost of Keeping It

Before you decide, consider the ongoing costs. Fort Lauderdale property taxes are roughly 1.1% to 1.5% of the assessed value. Additionally, Florida homeowners' insurance is among the highest in the country due to hurricane risks. If the home sits empty while you decide, you must keep the electricity on for the air conditioning to prevent mold growth, which is a major issue in Broward County.

FL-Specific Laws

Florida has specific statutes that govern how property is handed down and how you can refuse it.

1. The Right to Disclaim (Florida Statute Chapter 739)

Under the Florida Uniform Disclaimer of Property Interests Act, you have the legal right to say 'no' to an inheritance. This is called 'disclaiming.'

• How it works: You must sign a written disclaimer and record it in the official records of Broward County.
• The Result: You are treated as if you died before the person who left you the house. The property then passes to the next person in line according to the will or state law.
• The Catch: You cannot receive any benefit from the house (like rent or living in it) before you disclaim it. Once you accept the keys or pay the mortgage, you usually cannot disclaim it.

2. The Probate Process (Florida Statute Chapters 732 & 733)

Unless the home was in a Living Trust or had a 'Lady Bird Deed,' it must go through probate. Florida offers two types:

• Summary Administration (FS 735): This is a 'shortcut' probate. It is available if the estate is worth less than $75,000 (excluding the primary home, or 'homestead') or if the person has been dead for more than two years. This is faster and cheaper.
• Formal Administration (FS 733): This is required for larger estates. A 'Personal Representative' (executor) is appointed to handle the sale of the house and pay off any of the deceased person's debts.

3. Transfer-on-Death Deeds

Unlike many other states, Florida does not allow standard 'Transfer-on-Death' (TOD) deeds. Instead, Florida uses an 'Enhanced Life Estate Deed,' commonly known as a Lady Bird Deed. If your loved one set this up, the house transfers to you automatically without probate. If they did not, probate is almost certainly required.

Fort Lauderdale Local Context

In Fort Lauderdale, all legal matters regarding inherited property are handled by the 17th Judicial Circuit Court of Florida (Broward County).

Probate Court Location

Broward County Courthouse
201 SE 6th Street
Fort Lauderdale, FL 33301
Probate Division: Room 03150

Local Ordinances and Maintenance

Fort Lauderdale is strict about property maintenance. If the inherited house is left to fall into disrepair, the City of Fort Lauderdale Code Compliance Department can issue daily fines. High weeds, chipped paint, or a green swimming pool can lead to 'Code Liens' that must be paid before the house can be sold.

Additionally, if the property is located in a historic district (like Sailboat Bend) or a strict HOA (like those in Galt Mile or Coral Ridge), there may be additional rules about who can live there or how quickly you must sell it.

What You Can Do Right Now

1. Do Not Move In: If you plan to disclaim the property (refuse it), do not take any actions that look like 'ownership.' This includes moving in, taking furniture, or paying the bills with your own money.
2. Verify the Title: Check the Broward County Property Appraiser’s website (bcpa.net) to see how the deed is currently held. This will tell you if you are already the owner or if probate is needed.
3. Secure the Property: Even if you don't want it, you must ensure the house is locked and the AC is running to protect the value of the estate until it is legally transferred.
4. Contact a Probate Attorney: In Florida, a lawyer is almost always required to open a probate case. They can help you file a 'Petition for Summary Administration' if the estate qualifies, which is the fastest way to get the house out of your name and onto the market.
5. Get an Appraisal: To take advantage of the stepped-up basis, get a professional appraisal of the home’s value on the date of death. This is your 'receipt' for the IRS to prove you don't owe capital gains taxes later.