The Will Says the House Is Mine …why can’t I sell it? Learn why a will alone doesn’t transfer property in Florida and why probate may still be required before selling inherited real estate.
At title companies and real estate offices across Florida, we often hear the same concern: The will says the house is mine …why can’t I sell it? It’s a situation that surprises many families when they try to sell a property they believe they inherited years ago. Someone might say, “My parents passed away decades ago and left the house to us in their will. The will clearly says it’s ours. So why can’t we sell it?” If you’re asking this question, you’re not alone.
A Will Does Not Automatically Transfer Ownership
Many people assume that once someone passes away, the will automatically transfers ownership of their home or property to the heirs. However, that’s not how Florida law works. A will is essentially a set of instructions explaining who should inherit assets. But those instructions must be reviewed and validated by a probate court before ownership can legally change. Until that happens, the property remains in the name of the deceased owner, even if the will clearly states who should inherit it.
Why Title Companies Require Probate
When a property is sold, the title company must ensure that the seller legally owns the property and has the right to transfer it to the buyer. If your parents’ names are still on the deed and no probate was ever completed, the legal ownership was never formally transferred to the heirs. Without that legal transfer, a title company cannot insure the sale of the property. A will alone will not convey the interest in real property.
That’s why you may hear:
The will says the house is mine … but probate still needs to be done before you can sell it.
What Happens If Probate Was Never Done?
Even if your parents passed away 10, 20, or even 30 years ago, probate may still be necessary to legally transfer the property into the heirs’ names. The good news is that Florida offers simplified probate options, such as Summary Administration, which can sometimes make the process quicker for older estates. A probate attorney can help determine the best path to properly transfer the property so it can eventually be sold.
What If You’ve Been Paying Taxes or Maintaining the Property?
It’s common for heirs to continue paying property taxes, maintaining the home, or even living in the property for years. While those actions show responsibility, they do not legally transfer ownership. The only way to officially move the property from the deceased owner’s name to the heirs is through the probate process.
If you’ve inherited a property and are thinking, The will says the house is mine …why can’t I sell it?, the answer is usually that probate was never completed. Before the property can be sold, refinanced, or transferred, the estate typically needs to go through probate so the ownership can be legally recorded. That is where the actual conveyance happens.
If you’re unsure where to start, a title company and probate attorney can help guide you through the process and get things moving in the right direction.
Title Junction, LLC in Fort Myers is the professional, experienced, and dedicated title insurance company you need to guide you in navigating your complex real estate transactions. Call (239) 415-6574 to learn more about the services they offer and how they can help you get from contract to closing table.
Title Junction is a full service real estate title company serving the area of Fort Myers, Cape Coral and the entire state of Florida since 2005. The company handles a number of real estate title services for both commercial and residential properties.
Have questions? Give us a call at 239.415.6574.
In case you missed it, check out our last Title Junction post: Best Home Improvements for Sellers in Southwest Florida That Actually Pay Off