You can tear down an inherited house in Broward County once the person with legal authority over the property approves it. That is usually the heirs who now hold title, or the estate’s personal representative if the house is still in probate. Settle who can sign first, then follow the same steps for any house demolition.
This guide walks heirs through who can approve a teardown, the steps from probate to a cleared lot, what happens to property taxes, and whether to demolish before you sell.
Who Has the Legal Right to Demolish an Inherited House?
Only someone with legal authority over the property can sign a demolition contract and the owner’s forms for the permit. Who that is depends on how the house passed to you.
If the house is part of a probate estate, the court-appointed personal representative manages it. Florida’s probate code gives a personal representative power over repairs and improvements to estate property, subject to the will and any court order, but selling estate real estate generally requires a power of sale in the will or court approval. Because a teardown permanently changes an estate asset, check with the estate’s probate attorney before anyone signs.
If the house was the deceased owner’s protected homestead and passed to heirs, it often passes outside the regular probate estate, and the court may enter an order determining the homestead and confirming who received it.
In that case, the heirs who now own it decide together. When several siblings or relatives inherit the same house, every owner should agree in writing before tearing it down, because each one owns a share of the property.
What Are the Steps to Tear Down an Inherited House?
Most heirs follow these eight steps, in roughly this order.
- Confirm who has authority. Work with the probate attorney to confirm whether the personal representative or the heirs can sign, and get any court order you need.
- Secure and insure the house. Lock the house, keep the yard maintained, and call the insurance company, since many homeowners policies limit coverage once a house sits empty.
- Notify the Property Appraiser. Tell the Broward County Property Appraiser that the owner has died, because the homestead exemption does not pass to heirs.
- Clear out the belongings. Remove personal property, papers, and anything of value before demolition. Once the house comes down, everything left inside goes with the debris.
- Get an estimate and decide. Get a written demolition estimate and compare keeping it, selling it as-is, or demolishing it and selling the lot.
- Handle the pre-demolition paperwork. The asbestos statement, the utility disconnect letters, and the owner’s signed forms all come before the permit.
- Permit and demolition. A licensed contractor pulls the permit, tears the house down, and hauls the debris to a licensed facility.
- Close out and update records. Close the permit with a final inspection, and keep the paperwork for the sale and the accountant.
What Paperwork Does the Demolition Itself Need?
An inherited house needs the same demolition paperwork as any other. In Fort Lauderdale, the city’s demolition checklist asks for the Broward County Statement of Responsibilities Regarding Asbestos, disconnect letters from FPL and the gas provider, a water meter removal letter from Public Works, a sewer cap or septic abandonment permit, and signed owner forms.
A Notice of Commencement is required when demolition costs more than $5,000, which covers nearly every full-house teardown.
Older inherited homes often need an asbestos survey to complete the statement, and utilities may already be shut off or in the deceased owner’s name, which can slow the process. Start those requests early. Our residential demolition permit guide lists every document and how to get it.
Should You Demolish Before Selling, or Sell the House As Is?
It depends on who you expect to buy. Builders and investors who plan to build new often price the house as a teardown anyway, while many retail buyers struggle to picture a new home on a lot with an old house. The table shows the trade-offs.
| Option | Works well when | Watch out for |
|---|---|---|
| Sell the house as is | The house is livable, or the buyer is a builder who will handle the teardown | Buyers discount the price for the cost and hassle of demolition |
| Demolish, then sell the lot | The house is in poor condition, and the land is the real value | The estate or heirs pay for the demolition up front |
| Keep the house | A family member wants to live in it or renovate | Insurance, taxes, and upkeep on an older home |
If you are leaning toward selling a cleared lot, read how to sell a demolished property. If a buyer plans to build, our guide to tear down and rebuild costs in Fort Lauderdale shows what they will be budgeting.
What Happens to Property Taxes on an Inherited House?
The homestead exemption does not transfer to heirs. According to the Broward County Property Appraiser, the exemption cannot stay with the property after the homesteaded owner dies, and the Florida Department of Revenue says the property will not receive the exemption the year after the death unless a surviving spouse continues it. That can raise the tax bill noticeably on a home the owner held for many years.
Florida values property as of January 1 each year, so a house that is torn down before January 1 is assessed as land on the next bill. An heir who moves into the house as a permanent residence can apply for their own homestead exemption. Call the Property Appraiser at 954-357-6830 with questions, and see our guide to how demolition affects property taxes and insurance.
What If the City Has Already Cited the House?
Inherited houses often sit empty while the estate is settled, and a vacant house that falls into disrepair can draw code violations or an unsafe structure notice. Don’t ignore the letters, even if the estate isn’t settled yet.
Contact the city, explain who is handling the property, and ask for the timeline you need. Our guide to unsafe structure orders in Broward County explains what happens if the city moves toward demolition itself.
How Much Does It Cost to Tear Down an Inherited House?
The cost is the same as any house teardown. Our estimate for most single-family homes in South Florida is about $8,000 to $28,000, depending on size, concrete block or wood-frame construction, asbestos, and slab and foundation removal.
Decide with the probate attorney whether estate funds pay for it before the estate is settled. Our residential demolition cost guide breaks down the price.
Frequently Asked Questions
Can I demolish a house that is still in probate?
Possibly, but only with the right authority. The personal representative manages estate property, subject to the will and any court order. Talk to the estate’s probate attorney before signing a demolition contract.
Do all the heirs have to agree to tear the house down?
If several heirs own the house together, each owns a share, so get every owner’s written agreement before tearing it down. Disagreements between co-owners are a legal matter for an attorney, not the demolition contractor.
Does the homestead exemption carry over to heirs?
No. The homestead exemption does not transfer to heirs, except that a surviving spouse can continue it. An heir who makes the house their permanent residence can apply for their own exemption.
Do I have to empty the house before demolition?
Yes, remove everything you want to keep. Personal belongings, papers, and valuables left inside are hauled away with the debris once the house comes down.
How long does it take to tear down an inherited house?
The teardown itself usually takes days. The paperwork takes longer: settling authority, the asbestos statement, utility letters, and the permit can take weeks, and probate can take longer still.
Get Help With an Inherited House
Dealing with a family member’s house is hard enough without managing a demolition. Florida Demolition Experts gives free on-site estimates with a written scope, handles the permit, asbestos survey, and utility disconnects, and leaves a cleared, graded lot with the permit closed out.
Contact us for a free estimate.
