Selling Estate Real Estate During Florida Probate: A Practical Guide

Selling estate real estate during Florida probate means a personal representative transfers a deceased owner’s real property while the estate is still open in the circuit court. In most cases the sale is legal once the court issues Letters of Administration and the personal representative either holds a power of sale in the will or obtains a court order authorizing the sale under Florida Probate Code chapters 733 and 734. Until that authority exists, no one — not an heir, not a beneficiary, not a surviving family member — can pass clean title to a buyer.

If you are an executor trying to liquidate a Miami condo, or a beneficiary worried that a sibling is unloading the family home before the will is even validated, the rules below explain who can sell, when court approval is required, and how a contested will can stall a closing for months.

Who has authority to sell real estate in a Florida probate?

Title to Florida real property vests in the heirs or devisees at the moment of death, subject to the rights of estate administration. That is an important and often misunderstood point. The personal representative does not automatically own the house — but under Florida Statutes section 733.607, the personal representative takes possession and control of the decedent’s property (other than protected homestead) and may sell it to pay debts, expenses, and taxes, or to make distribution.

The source of the power to sell matters:

• Power of sale in the will. If the will grants the personal representative authority to sell real estate, section 733.613(1) lets the representative sell without a court order, though a beneficiary can still object and force court review.
• No power of sale in the will (or intestate estate). Under section 733.613(2), the personal representative must petition the court for authority to sell, and the sale is confirmed by court order. Interested persons receive notice and an opportunity to be heard.

So before you list a property, the first question is never “what is it worth?” It is “what is my source of authority, and do I need a judge’s signature?”

Letters of Administration come first

No sale closes without Letters of Administration. The Letters are the court’s certificate that a named personal representative is empowered to act. A title underwriter will demand certified copies before insuring the transaction. If you are mid-listing and have not yet been appointed, you do not have marketable authority — you have hope.

Formal vs. summary administration and how it affects a sale

Florida offers two main probate tracks, and the path you are on shapes how — and how fast — you can sell.

Formal administration is the standard process for larger or more complicated estates and for any estate where a personal representative needs to actively manage and sell property over time. It produces Letters of Administration and the ongoing authority that title companies expect.

Summary administration (Florida Statutes section 735.201) is available when the estate’s non-exempt assets are under $75,000 or the decedent has been dead more than two years. Summary administration does not appoint a personal representative. Instead, the court enters an Order of Summary Administration that directly distributes property to the beneficiaries. There is nobody with continuing authority to negotiate and sign a contract on the estate’s behalf — the new owners (the beneficiaries named in the order) sell the property themselves, together, after the order is recorded. If three siblings inherit, all three must sign the deed.

Families sometimes assume summary administration is the faster route to a sale. It can be — but only if the heirs agree. The moment they don’t, summary administration offers no neutral fiduciary to break the deadlock.

Florida homestead: the trap that derails estate sales

Homestead is where more Florida estate sales go sideways than anywhere else. Under Article X, section 4 of the Florida Constitution, a decedent’s protected homestead is not a probate asset in the ordinary sense. It passes outside the estate to the surviving spouse and heirs under constitutional and statutory rules, and it is shielded from most creditor claims.

Why this matters for a sale:

• A personal representative generally cannot take possession of, list, or sell protected homestead the way they would an investment property. Section 733.607 expressly excludes it.
• If a surviving spouse and minor or adult children have interests, you may need a court determination of homestead status (an Order Determining Homestead) before a clean conveyance is possible.
• A surviving spouse has an election under section 732.401 — taking either a life estate or a one-half tenancy in common with the descendants. The form of that interest changes who must sign the deed.

Do not assume the family residence is “just another estate asset.” Confirm its homestead character early. Selling homestead without resolving these questions is the fastest way to a title objection — or a lawsuit from a child who was cut out of a closing.

When a will contest freezes the sale

This is the scenario our South Florida clients ask about most: the will is being challenged, and the house is sitting empty, taxes accruing, while the family fights. A pending will contest does not automatically stop a sale, but practically it usually does, because the contest casts doubt on who has authority and who the rightful beneficiaries are.

Common flashpoints:

• Disputed appointment. If the validity of the will is challenged, the appointment of the named personal representative is in doubt. A title company will be reluctant to insure a sale signed by a representative whose authority is under attack. In New York, our litigation team handles these exact disputes — see Morgan Legal’s overview of for how contested appointments play out in a comparable forum.
• Curator appointment. Under section 733.501, if administration is delayed by litigation, the court can appoint a curator to preserve estate assets — including paying the mortgage and insurance on a house — until the dispute resolves. A curator can sometimes obtain authority to sell a wasting asset.
• Lis pendens. An interested party who claims an interest in specific real property can record a notice of lis pendens, which clouds title and blocks a sale until the litigation ends.

If you are a beneficiary who suspects a personal representative is rushing to sell before a contest is resolved — perhaps to a friend at a below-market price — you have remedies. You can petition to require court confirmation of any sale, demand an appraisal, or move to surcharge the representative for self-dealing. Conversely, if you are a fiduciary watching a property decay while heirs litigate, you may petition the court for authority to sell a depreciating asset and hold the proceeds pending the outcome.

Step-by-step: selling estate real estate the right way

1. Open probate and get appointed. File the petition, obtain Letters of Administration in a formal administration, or pursue the Order of Summary Administration if the estate qualifies.
2. Confirm the property’s character. Is it homestead or non-homestead? Is it titled solely in the decedent’s name, jointly with right of survivorship, or held in a trust? Joint-survivorship and trust property usually bypass probate entirely.
3. Establish your authority to sell. Identify whether the will grants a power of sale. If not, prepare a petition for authority to sell under section 733.613(2).
4. Order an appraisal. A current, independent valuation protects the fiduciary against later claims that the property sold for too little. In a disputed estate, this is non-negotiable.
5. Give required notice. Notify interested persons of the proposed sale where the statute or the court requires it.
6. Obtain court approval if needed. When there is no power of sale, or when an interested person objects, get a court order confirming the sale before closing.
7. Close and account. Convey by personal representative’s deed, deposit proceeds into the estate account, and report the transaction in the estate accounting.

For the broader procedural backdrop, Morgan Legal’s explanation of a walks through how the court supervises a fiduciary from appointment through distribution, and our Florida team covers the same ground at the firm’s .

Title, creditor claims, and proceeds

Even with clean authority, two issues follow the property to the closing table. First, creditor claims: section 733.702 sets the limitations period for claims against the estate, and a buyer’s title company will want assurance that the sale won’t be unwound to satisfy a creditor. Often the sale proceeds themselves are escrowed or held until the claims period runs. Second, distribution of proceeds: money from a sold homestead may belong to the heirs outside the estate, while proceeds from non-homestead property flow into the estate to pay expenses and then beneficiaries. Mixing these up creates accounting problems and beneficiary disputes.

If you are mapping out the estate plan that produced this situation, our wills overview and Florida probate guide give the foundational context, and you can reach our team directly through the contact page.

The bottom line for South Florida families

Selling estate real estate in Florida is rarely just a real estate transaction — it is a fiduciary act performed under court supervision, complicated by homestead protections, creditor periods, and, all too often, a family fight over the will itself. Get the authority right first, document value with an appraisal, and resolve homestead and contest questions before you sign a listing agreement. When a dispute is brewing, the cost of moving carefully is small compared to the cost of a closing that gets challenged after the keys change hands.

Frequently Asked Questions

Can a personal representative sell estate real estate in Florida without court approval?

Sometimes. If the will grants a power of sale, Florida Statutes section 733.613(1) lets the personal representative sell without a separate court order, though a beneficiary can still object. If the will has no power of sale or the decedent died intestate, section 733.613(2) requires the representative to petition the court and obtain an order confirming the sale before closing.

Does a will contest stop the sale of an estate's house?

Not automatically, but usually in practice. A pending contest puts the personal representative’s authority and the rightful beneficiaries in doubt, so title companies hesitate to insure the sale. An interested party can also record a lis pendens to cloud title, and the court may appoint a curator under section 733.501 to preserve the property until the dispute is resolved.

Can homestead property be sold during Florida probate?

Protected homestead is generally not a probate asset and is excluded from the personal representative’s control under section 733.607. It passes to the surviving spouse and heirs under the Florida Constitution. Selling it usually requires confirming homestead status (often an Order Determining Homestead) and getting every interest holder — including a surviving spouse who may elect a life estate or tenancy in common under section 732.401 — to sign the deed.

What is the difference between formal and summary administration for selling property?

Formal administration appoints a personal representative with Letters of Administration and ongoing authority to list and sell property over time. Summary administration (for non-exempt assets under $75,000 or a death more than two years ago) appoints no representative; the court’s Order of Summary Administration distributes the property directly, and the named beneficiaries must sell it themselves, all signing the deed.

What happens to the money when estate real estate is sold?

Proceeds from non-homestead property flow into the estate to pay administration expenses, taxes, and valid creditor claims before beneficiaries are paid. Title companies often escrow proceeds until the creditor claim period under section 733.702 runs. Proceeds tied to protected homestead generally belong to the heirs outside the estate and are not available to most creditors.