Surviving-spouse home sales · Orlando FL
Selling the home after your spouse has passed. There is no deadline, and no one to answer to but you.
If you are reading this, you are probably carrying more than a house right now. You do not have to decide anything today. This page lays out how title, taxes and the listing contract work in Florida so that whenever you are ready, you know what to ask and what to expect.
- A surviving spouse can often exclude up to $500,000 of gain if the sale closes within two years of the date of death
- How you hold title decides the path: jointly, sole name, trust, or Lady Bird deed
- Listing-agreement terms are negotiable, and MaxLife charges a $0 cancellation fee
- Get a valuation with no commitment, and decide on your own timeline
Private · No obligation
What is the home worth?
A value, your options, and what you would net. There is no contract and no pressure to list.
First, how is the home titled?
Four situations, four different paths.
Held jointly as a married couple
Often the simplest case. The surviving spouse generally already owns the home; record the certified death certificate and the title company confirms the rest.
In the deceased spouse's name only
Usually needs probate to clear title first. Florida homestead rules can affect who inherits and who must sign, so this is a question for a probate attorney before you list.
In a living trust
The successor trustee typically has authority to sell without going through probate. The trust document names who that is.
Lady Bird (enhanced life estate) deed
Title passes to the named beneficiary at death without probate once the death certificate is recorded, so a sale can often be prepared quickly.
Not sure which one applies? Your deed shows it, and a title company can confirm it for free. For anything involving probate or homestead, a Florida probate attorney is the right person. Ryan works alongside them on the property side. This page is general information, not legal or tax advice.
Taxes
The two tax rules that matter most.
A larger exclusion, for a limited time
Most homeowners can exclude up to $250,000 of gain when they sell a primary residence. A surviving spouse who has not remarried can generally use the $500,000 couple's exclusion if the sale closes within two years of the date of death. After that window it drops back to $250,000, which is one reason to know the date before you plan.
A reset in the tax basis
The deceased spouse's share of the home generally receives a stepped-up basis: its value on the date of death rather than what you paid years ago. In Florida that usually means half the home. A date-of-death appraisal documents it. Your CPA turns both rules into an actual number.
Before you sign anything
Questions to ask any agent about the listing contract.
A listing agreement is a negotiated contract, not a form you have to accept as written. Florida requires it to have a definite end date, but how long that is, and what it costs to end it early, is up to you and the broker. Ask each agent for the answers in writing:
- ›How long is the term, and will you agree to a shorter one?
- ›If I want to end the agreement early, what does that cost, if anything?
- ›If I cancel, do I still owe a fee if a buyer you introduced purchases later?
- ›What exactly is included in the commission, and what would I pay separately?
- ›Who, specifically, will be handling my sale day to day?
MaxLife Realty charges a $0 cancellation fee: if you change your mind about listing, you can end the agreement at no cost. Ryan will also walk through every term with you before you sign, and answers the questions above directly. You can also see how MaxLife's listing commission works.
A gentle process
Your timeline, in four steps.
01
A private conversation
By phone or text, whichever is easier. No forms required and no commitment. Tell Ryan what you know and what you do not.
02
Value and options
What the home is worth today, what it would net as-is versus lightly prepared, and how the numbers change if you wait.
03
Clear title and plan
Confirm how title is held and line up your attorney and CPA. Nothing gets listed until you say so.
04
Sell on your terms
Showings scheduled around you, help with belongings and repairs through trusted vendors, and a closing date that works for you.
Questions
Common questions from surviving spouses.
Do I have to sell the house right away after my spouse dies?+
No. There is no deadline to sell simply because a spouse has died. The mortgage (if there is one), property taxes, insurance and HOA dues all keep coming due, so the practical pressure is financial rather than legal. The one time-sensitive case is a reverse mortgage, which becomes due when the last borrower dies, so call that servicer in the first week or two.
Can I sell the house if it was only in my husband's or wife's name?+
Usually not until title is cleared. If the home was solely in the deceased spouse's name it typically goes through probate first, and Florida homestead property has special rules about who inherits it and who must sign. A Florida probate attorney should confirm the path before you list. You can still get a valuation and begin planning while that is underway.
What if we owned the house together as a married couple?+
Florida married couples very commonly hold title as tenants by the entirety, in which case the surviving spouse generally owns the home outright without probate. You will usually record a certified death certificate in the county records, and your title company confirms exactly what it needs before closing. Your deed and a title search show how you actually hold title.
Will I owe capital gains tax if I sell?+
Often little or none. A surviving spouse who sells within two years of the date of death, has not remarried, and otherwise meets the ownership and use tests can generally exclude up to $500,000 of gain instead of the usual $250,000. In addition, the deceased spouse's share of the home usually receives a stepped-up tax basis to its value on the date of death. Florida has no state income tax. Confirm the specifics with a CPA, and get a date-of-death appraisal to document the basis.
Does the mortgage have to be paid off immediately?+
No. Federal law (the Garn-St Germain Act) generally stops a lender from calling a mortgage due just because it passed to a surviving spouse. Keep making payments so the loan stays current. If you sell, the loan is paid off from the proceeds at closing like any other sale.
How long should a listing agreement be, and can I cancel it?+
Florida requires a listing agreement to state a definite end date, but the length and the early-cancellation terms are negotiated between you and the broker; no law requires six months. Before you sign anything, ask: how long is the term, what happens if I want out early, is any fee owed if I cancel, and does the broker keep a claim on buyers they introduced after the agreement ends. Any agent you consider should answer those in writing. At MaxLife Realty, there is a $0 cancellation fee: if you decide to end the listing agreement, you can, at no cost.
Should I sell as-is or fix things up first?+
Either can be right, and you do not need to decide alone. Cosmetic work like paint, cleaning and landscaping usually pays for itself. Big-ticket items such as a roof or AC are different: an older tile roof, for example, may be better handled with a price adjustment or a buyer credit than an expensive repair. A valuation that shows both routes side by side, with what you would net after costs, makes the choice concrete.
What about the insurance on a home that will sit empty?+
Many Florida homeowner policies limit or end coverage once a home has been vacant for a set period. Call your insurance agent early, tell them what happened, and ask what the vacancy rules are so a claim is never denied on a technicality.
When you are ready, start with a conversation.
No paperwork, no pressure, and no obligation. Ryan will answer your questions and give you a real number.
Guide prepared by
Ryan Solberg — Broker/Owner · MaxLife Realty
Florida RE Broker License #BK3354351 · Last reviewed June 2026