FAQ: How to acquire co-heirs’ interests in a deceased parent’s Florida home

Short answer: First identify how title passes (was there a deed, joint ownership, or a will?). If the property is now owned by the heirs as tenants in common, you can usually buy your siblings’ shares by agreement (deeds and closing). If the property is still in the decedent’s estate, you may need summary or formal probate administration before heirs can transfer clear title. If heirs won’t agree, a court partition action is an option. Florida law on probate, homestead, and partition affects which path you must take.

Detailed answer — step by step under Florida law

This section explains the practical steps and legal rules that commonly apply in Florida. This is informational only and not legal advice.

1) Confirm current ownership and whether probate is needed

Look up the deed at the county public records office or online. Common situations:

• If the property had joint tenancy with right of survivorship or tenancy by the entirety and a surviving joint owner, title may have passed outside probate.
• If there was a valid Transfer-on-Death (TOD) deed or other beneficiary designation, title may pass outside probate.
• If the house was solely in the parent’s name with no beneficiary designation, it is likely an asset of the estate and subject to probate.

If the property is still estate property, the estate may be eligible for summary administration (faster, limited circumstances) or require formal administration under the Florida Probate Code (Chapter 733).

2) Check homestead rules and who must consent

Florida’s homestead protections and intestate distribution rules can limit how a house can be transferred if the property was the decedent’s homestead. For example, a surviving spouse or minor children can have special rights. See Florida’s distribution rules relating to homestead at Fla. Stat. §732.401. If homestead rights apply, you may need the spouse’s (or other protected person’s) cooperation or a court order.

3) If heirs already own the house (no probate needed or estate closed)

If title has vested in the heirs (often as tenants in common), steps to buy out siblings typically include:

1. Get a current appraisal or market analysis to determine fair market value.
2. Negotiate terms and price with the siblings you want to buy out; put the agreement in writing.
3. Have the siblings execute a deed (often a quitclaim or warranty deed) transferring their interest to you; the deed must be properly signed, notarized, and recorded in the county where the property is located.
4. Handle closing logistics: title search, payment (escrow), payoff of any existing liens or mortgages, and recording the new deed.

Use a title company or real estate attorney to make sure title is transferred cleanly and to obtain title insurance if desired.

4) If the house is still in probate

Options include:

• Request summary administration if the estate qualifies under Fla. Stat. §735.201. Summary administration may allow transfer to heirs without full probate in some low‑value estates or where the decedent died more than two years earlier.
• Open formal administration under Chapter 733 if summary administration does not apply. The personal representative will inventory assets, pay creditors, and distribute property per the will or intestate law (Chapter 733 and Chapter 732).
• If you want the house distributed to heirs and then buy out siblings, the distribution must be completed before heirs can convey clear title (unless the personal representative is authorized to sell and distribute proceeds).

5) If an heir refuses to sell — partition action

If you and your siblings cannot agree, Florida law provides a partition action where a co-owner can ask the court to divide property or order a sale. See the partition statutes starting at Chapter 64 (partition). Partition can produce a forced sale; it can be expensive and adversarial, so it is often a last resort.

6) Mortgage, liens, and title issues

Buying a sibling’s share does not automatically remove an existing mortgage. The mortgage lender may still have rights against the property. If the mortgage is only in the decedent’s name and not yet addressed in probate, the lender may seek payment from the estate. If you acquire title while a mortgage remains, you should discuss refinancing, assumption (if allowed), or paying the mortgage as part of the buyout closing.

7) Tax basis and financial implications

Keep in mind tax consequences: property acquired by heirs at death often receives a stepped-up basis. If you buy a sibling’s share for cash after probate, the amount you pay becomes your tax basis for the portion you bought. This can affect future capital gains if you later sell. Consult a tax professional about income and gift tax issues.

8) Practical checklist for a clean buyout

• Run a title search and obtain an owner’s title insurance commitment.
• Obtain a current appraisal or broker’s price opinion.
• Draft a written purchase agreement specifying price, seller(s), closing date, and who pays closing costs.
• Confirm the presence or absence of probate and resolve estate liabilities first.
• Use escrow for funds and record the deed promptly after closing.
• Consider a survey if boundaries could be contested.

When to get professional help

Hire a Florida real estate attorney if:

• Title is clouded, heirs disagree, or homestead issues exist.
• Probate is required or already open and distribution is contested.
• You need help structuring seller financing, drafting deeds, or handling liens and mortgages.

An attorney or title company protects you from recording mistakes, unpaid liens, or later claims by other heirs.

Key Florida statutes and resources

• Probate administration (general): Chapter 733, Florida Statutes
• Summary administration: Fla. Stat. §735.201
• Homestead/distribution rules: Fla. Stat. §732.401
• Partition actions: Chapter 64, Florida Statutes

Links point to Florida’s official statutes for your reference.

Helpful Hints

• Before making any offer, pull the deed and any mortgage records at the county recorder’s office so you know what you’re dealing with.
• Get an independent appraisal; market value is usually the fairest basis for buyouts.
• If siblings are cooperative, a simple quitclaim deed may work; if you need clear marketable title, consider a warranty deed plus title insurance.
• Address liens and mortgages at closing — a title company can handle payoffs and lien releases.
• Consider seller financing if you cannot pay cash; document terms in writing and record any security interest needed.
• If homestead or a surviving spouse is involved, pause and seek legal advice before any transfer — homestead rights can block or limit transfers.
• Document every agreement in writing; oral agreements among heirs are risky and hard to enforce.
• If disagreement seems likely, investigate mediation before filing a partition lawsuit — mediation is usually faster, cheaper, and preserves family relationships.

Disclaimer: This article provides general information only and is not legal advice. I am not a lawyer. For advice specific to your situation, especially where homestead rules, probate, mortgages, or taxes are involved, consult a licensed Florida attorney and a tax professional.