Florida Inheritance Tax and Estate Tax: What Heirs Owe When Selling

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

The Florida Department of Revenue says a federal change eliminated Florida’s estate tax for people who died after December 31, 2004, and Florida does not impose a personal income tax. Deeds are taxed by documentary stamp tax at 70 cents per $100 of consideration.

What Florida confirms

• Florida Department of Revenue: 'A federal change eliminated Florida's estate tax on people who died after December 31, 2004.' (Florida Department of Revenue, Estate Tax page).
• The Florida Constitution provides that no tax upon estates or inheritances or upon the income of natural persons who are residents or citizens may be levied by the state in excess of the aggregate of amounts that may be credited against a similar federal or state tax. (Fla. Const. Art. VII Sec. 5(a))
• Florida does not impose a personal income tax. (Florida Department of Revenue FAQ: Do I have to file a personal income tax return in Florida?)
• Deeds are taxed by documentary stamp tax, 70 cents per $100 of consideration; no consideration generally means no tax on a gift deed, but the consideration definition includes any mortgage or encumbrance amount even if not assumed, so a gift of mortgaged property can carry tax. (Fla. Stat. Sec. 201.02(1)(a))

What we could not confirm

• Stepped-up basis (IRC Sec. 1014) and income tax on inherited property sales not opened.
• The federal estate tax exclusion amount and Form 706 rules were not retrieved (the IRS estate tax page extraction returned nothing on them).

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Inheritance and Estate Tax FAQ

Does Florida have an inheritance tax?

The Florida Constitution bars a tax on estates or inheritances beyond the federal credit, and the Department of Revenue says estate tax ended for deaths after 2004.

Does Florida tax a house gift deed?

Deeds are taxed by documentary stamp tax on consideration. A gift with no consideration generally carries no tax, but encumbrances can count as consideration (Sec. 201.02).

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Florida Department of Revenue, Estate Tax page
• Fla. Const. Art. VII Sec. 5(a)
• Florida Department of Revenue FAQ: Do I have to file a personal income tax return in Florida?
• Fla. Stat. Sec. 201.02(1)(a)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.