Selling estate real estate during Florida probate means a court-appointed personal representative transfers the deceased owner’s property to a buyer while the estate is still open, using authority granted either by the will or by a probate judge’s order. In a formal administration, the personal representative usually has the power to sell, mortgage, or lease estate land under Florida probate law, but homestead property and the rights of heirs can complicate or even block a sale. Done correctly, the sale produces clean, marketable title; done carelessly, it can be voided years later.
I’ve handled enough of these in Palm Beach County to know that the questions sound simple and the answers rarely are. “Can I just sell Mom’s house?” depends on whether there’s a will, who the heirs are, whether the home was her homestead, and how the estate was opened. Let me walk through how this actually works.
Who has the authority to sell estate property in Florida?
Only the personal representative (Florida’s term for an executor or administrator) can sign a deed conveying a decedent’s real estate, and only after the court issues Letters of Administration. Until those letters are signed by the clerk, no one—not the surviving spouse, not the named executor, not the eldest child—has legal authority to list, contract for, or close on the property.
The source of that authority matters. Under Florida Statutes § 733.612, a personal representative acting reasonably for the benefit of the estate may sell, mortgage, or lease real property without a court order—if the will grants that power. Most well-drafted Florida wills do. When the will is silent, or when there is no will at all, the personal representative generally needs the court’s blessing under § 733.613 before conveying real estate, unless every interested person consents.
Why intestate estates are different
When someone dies without a will, title to their non-homestead real estate passes at the moment of death directly to the heirs determined by Florida’s intestacy statute, § 732.101 and following. The personal representative doesn’t automatically own it; the heirs do, subject to administration. That has a real consequence for sales: the administrator typically must either obtain a court order authorizing the sale or get the joinder of all heirs on the deed.
This is the core editorial reality for no-will estates. A buyer’s title company will look hard at whether every heir was correctly identified and either joined the deed or was bound by a court order. Miss one half-sibling, one child from a prior marriage, one heir living overseas, and you’ve created a title defect that can surface at the worst possible moment—often when the new owner tries to sell or refinance.
New York handles this differently, and clients with property in both states notice. If you’re comparing systems, Morgan Legal’s overview of the is a useful contrast to Florida’s approach. New York also recognizes several procedural tracks, which their guide on explains.
The homestead trap every Florida seller must understand
Florida’s homestead protection is generous in life and rigid in death. If the property was the decedent’s primary residence, the constitutional homestead provisions in Article X, Section 4 of the Florida Constitution restrict how—and to whom—it can pass. Critically, homestead real estate is generally not a probate asset and is not subject to the claims of most creditors.
That cuts both ways:
- Protection from creditors: Homestead usually can’t be sold to satisfy the decedent’s debts, which is good news for the family.
- Restrictions on devise: If the decedent was survived by a spouse or minor child, the Constitution limits how the homestead can be left. A will that violates these limits doesn’t control; the property passes by the constitutional default instead.
- Who must sign: Because homestead often passes outside probate, the personal representative may have no authority to sell it. The actual title holders—the spouse and/or descendants—must sign the deed.
Before any homestead sale, the prudent move is to file a petition to determine homestead status. A court order confirming that the property was (or was not) homestead, and identifying who took title, is the cleanest way to satisfy a buyer’s underwriter. Skipping that step to save a few weeks is how families end up back in court a year later.
Step-by-step: selling real property through formal administration
Most estate real estate sales in Palm Beach County run through formal administration. Here is the typical sequence:
- Open the estate and obtain Letters. File the petition for administration, get the personal representative appointed, and secure Letters of Administration from the clerk. Nothing binding happens before this.
- Confirm authority to sell. Check the will’s power-of-sale language. If there’s no will or no such power, plan for either heir joinder or a court order under § 733.613.
- Resolve homestead questions. Determine whether the property is homestead and, if so, petition the court to confirm status and ownership.
- Market and contract. List the property and negotiate a contract. Disclose the probate status to buyers; many Florida contracts add a probate or court-approval contingency.
- Obtain court approval if required. File a petition to authorize the sale, give notice to interested persons, and obtain an order. Where consent exists, attach signed waivers to speed things along.
- Close and deed. The personal representative executes a personal representative’s deed (or the heirs sign, for intestate or homestead property). The title company issues a policy based on the chain you’ve built.
- Account for proceeds. Sale proceeds flow into the estate, are applied to valid claims and expenses, and are ultimately distributed under the will or the intestacy statute.
What about summary administration?
Florida’s summary administration—available when the estate is under $75,000 in non-exempt assets or the decedent has been dead more than two years—doesn’t appoint a personal representative at all. Instead, the court enters an order distributing property directly to the beneficiaries. Selling real estate after summary administration usually means the named beneficiaries sign the deed, supported by the court’s order of distribution. It’s faster, but it’s not always the right fit for a property that still needs to be actively marketed and sold.
Creditor claims, liens, and timing
One reason families want to sell quickly is to stop the bleeding—taxes, insurance, HOA dues, and maintenance don’t pause for probate. But selling before the creditor period closes carries risk. In formal administration, creditors generally have up to three months from the first publication of the notice to creditors (and known creditors must be served) to file claims under § 733.702.
If you distribute or spend sale proceeds before resolving claims, the personal representative can be held personally liable. The usual practice is to close the sale, hold proceeds in the estate account, satisfy or contest claims, and then distribute. Mortgages and recorded liens on the property itself are typically paid at closing from the sale proceeds, just as in any sale.
Remember the homestead exception: if the property is protected homestead, most creditors can’t reach the proceeds at all, and the family may be able to sell and keep the money free of the decedent’s debts. Getting that characterization right before closing is everything.
Common ways an estate sale goes wrong
- Selling before Letters issue. A contract signed by someone with no authority is, at best, shaky.
- Missing an heir in an intestate estate. The single most common title defect I see in no-will sales.
- Treating homestead as a probate asset. Conveying via a PR deed when the spouse and children actually own it.
- Ignoring the will’s power-of-sale (or lack of it). Skipping court approval when it was required.
- Distributing proceeds too early. Exposing the personal representative to personal liability for unpaid claims.
None of these are exotic. They’re the routine pressure points where speed and supervision collide. A short conversation before you list usually prevents a long fight after you close.
Where to get help
If you’re administering an estate that includes a house, condo, or vacant land in Palm Beach County, the order of operations matters as much as the law itself. Our firm guides personal representatives and heirs through each step, from petition to closing. You can review our or learn more about wills and estate planning to avoid these issues for the next generation. When you’re ready, contact us to talk through your specific property.
Selling estate real estate in Florida is entirely doable—people do it every day. The difference between a clean closing and a clouded title is almost always the groundwork done before the “For Sale” sign goes up.
Frequently Asked Questions
Can I sell my parent's house during Florida probate if there is no will?
Yes, but it’s more involved. With no will, title passes to the heirs under Florida’s intestacy statute (§ 732.101 et seq.). The administrator generally must either obtain a court order authorizing the sale under § 733.613 or have every correctly identified heir join the deed. A title company will scrutinize whether all heirs were accounted for, so confirming heirship before listing is essential.
Does the personal representative need a court order to sell real estate in Florida?
Not always. If the will grants a power of sale, the personal representative can usually sell without a court order under § 733.612, acting reasonably for the estate’s benefit. If the will is silent or there is no will, a court order under § 733.613 is generally required unless all interested persons consent in writing.
Can homestead property be sold during probate?
Often the personal representative cannot sell it. Florida homestead (Article X, Section 4) typically passes outside probate directly to the surviving spouse and/or descendants, who must sign the deed. The cleanest approach is to file a petition to determine homestead status and ownership before closing so the buyer’s title insurer is satisfied.
How long does it take to sell a house in Florida probate?
It varies. Formal administration commonly takes several months because of the creditor claim period (generally up to three months after the notice to creditors) and any court-approval steps. Summary administration can be faster but doesn’t appoint a personal representative. Timing depends on the will, homestead status, and how quickly heirs and creditors are resolved.
Who keeps the money from an estate property sale?
Sale proceeds go into the estate account first, where they’re applied to valid claims, taxes, and administration expenses, then distributed to beneficiaries under the will or by intestacy. The key exception is protected homestead: those proceeds are generally shielded from most creditors and may pass to the family free of the decedent’s debts.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
