Legal Question in Wills and Trusts in Florida

If title to the property was only in the name of your parents who have passed, local probate court will process the estate: an administrator will be appointed (one or more of the children can ask the court to be so appointed), estate expenses paid, and property distributed. The beneficiaries can agree to sell the house and divide the proceeds or one could keep the house by paying a share to the others, etc. Consult with your siblings and probate attorney to work out arrangement.

The other answers you have received to your question are sufficient, but I would add an option following any probate procedure. Most likely should the property pass to all of the children or beneficiaries, it will be held by all of you as "tenants in common" which is similar to each of you owning a portion only. The Florida law treats all of you as having equal rights, and responsibilities including paying the taxes and upkeep and maintenance of the property. My advice would be to not hold the property in that fashion for more than 1 year since one or you may become incapacitated or die causing more legal expenses and perhaps getting guardians appointed. Your options would be to: a. Create a short term trust to title the property into, with 1 or more of you as the Trustee (manager/Fiduciary), with directions to continue to list the same for sale on the market at suggested price range subject to reduction after a mutually agreed to time period so that it has a better chance to sell; b. Commence your own "partition" lawsuit to force sale the property by a private sale or having the court appoint a receiver to do so with the court to pay back which ever heir pre paid or advanced the upkeep costs for the property fom the sale proceeds.

The above are only suggested options should there be "bad blood" among the heirs.

what are the ages of your brother and sister. Are they still minors or over the age of 18?

If they are not minors then yes they can stay there and you each will be responsible for the upkeep, taxes, maintenance etc. This really does not have to go to probate except that you might want to get that homestead exemption and then keep the taxes low by cliaming homestead while you live there.

By law the house will pass to the children

As an owner you are entitled to rent.