Inherited a house damaged by Hurricane Helene or Milton

Why storm damage and probate collide

After a big storm, an owner has to file claims, get estimates, pull permits, and hire contractors. When that owner dies partway through, all of that stops. The family can't make decisions for the house until probate gives someone legal authority, and meanwhile the house may be sitting with wet drywall, a tarp on the roof, or a half-finished repair.

Many of the homes affected sit near the water, in low-lying parts of the county close to Tampa Bay, Boca Ciega Bay, and the Gulf beaches. Those are also the homes most likely to run into the FEMA 50% rule.

There's a money squeeze too. The year after the owner dies, the homestead exemption and Save Our Homes cap end, and the Pinellas County Property Appraiser reassesses the house. So a family can face a higher tax bill on a house nobody can live in.

The FEMA 50% rule, in plain terms

Local governments in Pinellas enforce what's commonly called the 50% rule, from FEMA's flood program rules on substantial damage and substantial improvement. It applies to buildings in flood zones.

1. The local building department compares the cost to repair the house with the value of the structure itself, not counting the land.
2. If the repair cost is 50% or more of the structure's value, the house is considered substantially damaged.
3. A substantially damaged house must be brought into compliance with current flood rules before it can be fully repaired. That often means elevating it, and sometimes means tearing it down and rebuilding.

For an older, lower-value structure on a valuable lot, the 50% line can be crossed quickly. That's why a storm that didn't look catastrophic can still lead to a requirement the family can't afford. The city or county building department decides how the rule applies to a specific house. We're not attorneys or engineers, and this is a general summary.

Insurance claims belong to the estate

If the owner had homeowners or flood insurance, the policy was in their name. A claim on that policy, and any money it pays, is generally an asset of the estate, not of any one heir.

• Find the policies. Look for homeowners and flood insurance paperwork in the house, bank statements showing premiums, or mortgage escrow statements.
• Know there may be two policies. Flood damage is usually covered by a separate flood policy, not standard homeowners insurance. Wind damage is usually on the homeowners policy.
• Call the insurers. Tell them the owner has died and ask what they need. They'll typically want a death certificate and proof of who has authority, which comes from the probate court.
• Watch the deadlines. Policies and Florida law set time limits for filing and reopening claims. Ask the insurer and the estate's attorney now, not later.
• Don't cash checks on your own. Claim checks made out to the deceased owner, or with a lender's name on them, need to go through the estate.

Protecting the house while probate is open

• Document everything with photos and video before anything is removed.
• Dry it out if you can. In Florida's humidity, mold can spread fast in a closed, flooded house.
• Secure openings. Board windows and tarp roofs to prevent further damage, and keep receipts for the estate.
• Don't start major repairs without permits or before you know how the 50% rule applies. Unpermitted work can create code problems and complicate a later sale.
• Check the flood zone using FEMA's flood maps or the county's flood information so you understand what you're dealing with.

Your options as heirs

No option is right for everyone. A family with time, savings, and a love for the house may want to rebuild. A family spread across three states with a flooded house and a reassessed tax bill often doesn't.

Selling a storm-damaged inherited house to us

We buy houses with flood and wind damage as-is. One walkthrough, no repairs, no clean-out. Heirs keep what matters and leave the rest, including the ruined furniture and soaked carpet.

When we buy, an independent licensed Florida probate attorney prepares the filings, and we pay the probate cost, typically about $3,000, not deducted from the heirs' share. Taxes, liens, and any mortgage are paid from the sale at closing. The estate's attorney can advise on how any open insurance claim should be handled as part of the sale.

Our cash offer is below what the house would bring fully repaired. If repairing or listing would clearly net your family more and you have the time and money to do it, we'll tell you. Call Alex at (727) 353-6206, or see what to do first with an inherited house.

We’re a home-buying company, not attorneys. This page is general information about Florida probate, not legal advice; an independent licensed Florida probate attorney represents the estate in every probate we pay for. Last updated November 2026.