What do I do if I inherited a house 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, you must first determine how the title was held to see if the property needs to go through the Florida probate court. Florida law requires you to file the original will with the Broward County Clerk of Courts within 10 days of the owner's death. Because Florida does not have a state inheritance tax, your main financial concerns will be the federal 'stepped-up basis' for capital gains and a potential reset of property tax assessments under Broward County rules.

Key Details

Inheriting a home involves more than just getting the keys. In Florida, the process is heavily regulated by state statutes to ensure that creditors are paid and the rightful heirs receive the property.

The Role of Probate

In Fort Lauderdale, most inherited homes must go through a court-supervised process called probate. This is how the state legally transfers the title from the deceased person's name to yours. If the house was in a Living Trust or held as 'Joint Tenants with Rights of Survivorship,' you might skip probate. However, if the deceased person owned it in their name alone, a judge must sign an order to transfer it.

Stepped-Up Basis and Capital Gains

One of the biggest financial benefits of inheriting a home is the 'stepped-up basis.' Under federal law, the value of the home is 'reset' to its fair market value on the date the previous owner died. For example, if your parents bought a house in Fort Lauderdale for $50,000 in 1980 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. If you sell it later for $650,000, you only pay taxes on the $50,000 gain.

Property Tax 'Sticker Shock'

In Florida, the 'Save Our Homes' (SOH) amendment limits how much the assessed value of a homesteaded property can increase each year (capped at 3%). When you inherit the house, that cap usually disappears. This is known as a 'reset.' The Broward County Property Appraiser will re-evaluate the home at current market value, which often leads to a massive jump in property taxes for the heir. You must apply for your own Homestead Exemption if you plan to live in the home as your primary residence.

FL-Specific Laws

Florida’s probate and inheritance laws are found primarily in Chapters 731 through 735 of the Florida Statutes.

Types of Probate in Florida

1. Formal Administration: This is the standard process used for estates with assets worth more than $75,000. It requires a personal representative (executor) to be appointed by the court. This process usually takes 6 to 12 months.
2. Summary Administration: This is a 'shortcut' for smaller estates. You can use this if the total value of the estate (minus the value of the home if it is a protected homestead) is less than $75,000, or if the person has been dead for more than two years (FL Statute 735.201).
3. Non-Probate Transfers: Florida does not recognize traditional Transfer-on-Death (TOD) deeds for real estate. Instead, Florida uses 'Lady Bird Deeds' (Enhanced Life Estate Deeds). If the decedent had one of these, the property transfers automatically without probate.

The 10-Day Rule

According to Florida Statute 732.901, the person in possession of a will must lodge it with the Clerk of the Circuit Court in the county where the person resided within 10 days after receiving notice of the death. In Fort Lauderdale, this is the Broward County Clerk.

Homestead Protection

If the house was the deceased person's primary residence, it is considered 'Homestead' property. Under the Florida Constitution (Article X, Section 4), homestead property is protected from most creditors. You will need a 'Petition to Determine Homestead' filed during probate to ensure the home is legally recognized as exempt from the estate's debts.

Fort Lauderdale Local Context

Inheriting property in Fort Lauderdale specifically involves dealing with Broward County agencies.

The Probate Court

The probate process for Fort Lauderdale properties happens at the Broward County 17th Judicial Circuit Court. The Probate Department is located at the Broward County Courthouse:

• Address: 201 SE 6th Street, Fort Lauderdale, FL 33301.
• Website: browardclerk.org

Property Appraisal and Taxes

The Broward County Property Appraiser (BCPA), currently led by Marty Kiar, handles all homestead exemptions and property valuations. If you inherit a home, you should visit their office or website to check the current tax status.

• Location: 115 S. Andrews Ave., Room 111, Fort Lauderdale, FL 33301.
• Website: bcpa.net

Maintenance and Code Enforcement

Fort Lauderdale is strict about property maintenance. If an inherited home sits vacant during probate, you must ensure the lawn is mowed and the exterior is maintained. The City of Fort Lauderdale Code Compliance Division can issue fines if the property becomes a nuisance. Be sure to check for any outstanding utility liens or code violations recorded against the property at the city’s building department.

What You Can Do Right Now

1. Secure the Property: Change the locks immediately. You are responsible for protecting the assets inside. Ensure the air conditioning is running to prevent mold, which is a major issue in Fort Lauderdale’s climate.
2. Locate the Will: Find the original signed document. If there is no will, the property passes by 'Intestate Succession' (Florida Statute 732.101).
3. Notify the Mortgage Company: If there is a loan on the house, you must continue making payments. Inheriting a house does not cancel the debt. Most mortgages have a 'due on sale' clause, but federal law (the Garn-St. Germain Act) generally prevents banks from foreclosing just because a relative inherited the home.
4. Verify Insurance: Contact the homeowner’s insurance company. Many policies will not cover a home if it is vacant for more than 30 or 60 days. You may need to switch to a 'vacant home' policy.
5. Hire a Florida Probate Attorney: In Florida, almost all probate cases (except for very small ones) require an attorney by law. The court will not allow you to represent yourself as a personal representative (FL Probate Rule 5.030).
6. Request a Death Certificate: You will need multiple certified copies (without the cause of death) for the court, the appraiser, and utility companies.