Selling Estate Real Estate During Florida Probate: A Personal Representative’s Guide

Selling estate real estate during Florida probate means a personal representative transfers a deceased owner’s property through the probate court process, either using authority granted in the will or, when there is no will, under the Florida Probate Code and (often) a court order. The sale converts the property into cash that can pay creditors, taxes, and administration costs before the remaining proceeds pass to the heirs. The exact steps depend on whether the decedent left a will, whether the property was homestead, and what authority the court or the estate documents give the personal representative.

For families dealing with an estate in Miami-Dade, this is one of the most common and most misunderstood parts of probate. Below is a practical walkthrough written for the situation we see most often at our Florida probate practice: a parent or relative who died without a will, leaving a house behind.

Who has the authority to sell a probate property in Florida?

Real estate does not automatically belong to whoever has the keys. In Florida, when a person dies, title to their non-homestead real property passes to the heirs or devisees by operation of law, but it remains subject to administration. That means the property is, in practical terms, frozen until the probate court appoints someone with authority to act.

That someone is the personal representative (Florida’s term for an executor or administrator). The court issues Letters of Administration under section 733.301 of the Florida Statutes, and those letters are what a title company and closing agent will demand before they let a sale proceed. Without letters, there is no one with legal power to sign a deed on behalf of the estate.

How much authority the personal representative has comes from two places:

• The will. A well-drafted will often grants the personal representative a “power of sale,” letting them sell real estate without a separate court order.
• The Probate Code. When there is no will, or the will is silent, section 733.610 and section 733.612 of the Florida Statutes govern what the personal representative may do, and a sale frequently requires court authorization under section 733.613.

Intestate estates: selling a house when there is no will

This is the heart of what we handle. When someone dies intestate (without a valid will), no document names a personal representative and no document grants a power of sale. The court appoints an administrator following the priority order in section 733.301, and the heirs are determined by Florida’s intestate succession rules in sections 732.101 through 732.103.

Here is the practical consequence: an administrator of an intestate estate generally cannot sell the house on their own signature alone. Under section 733.613(2), when there is no power of sale in a will, the personal representative must obtain a court order authorizing the sale of the decedent’s interest in real property. That order is the document the title insurer will scrutinize.

The typical sequence looks like this:

1. File a petition to administer the intestate estate and obtain Letters of Administration.
2. Identify and notify the heirs under sections 732.101–732.103 (spouse, children, and so on).
3. List the property and negotiate a contract, usually with a contingency that the sale is “subject to probate court approval.”
4. File a petition or obtain a court order authorizing the sale under section 733.613.
5. Close, with the personal representative signing the deed and the proceeds flowing into the estate account.

One point that surprises families: the heirs are not the sellers. Even though title technically vests in them, they cannot simply agree among themselves to sell during an open administration. The personal representative sells; the heirs receive their shares of the net proceeds at distribution. If every heir is an adult and fully cooperative, an alternative is for all of them to join in the deed themselves, but that requires unanimous participation and clean agreement on heirship, which is exactly what intestacy often lacks.

Why intestate sales take longer

Disputes over who the heirs even are can stall everything. A second marriage, an estranged child, a child born outside marriage, or an heir who cannot be located will each force the court and the title company to slow down. Title underwriters want certainty about the chain of ownership, and intestate succession produces less certainty than a will does. Expect to document family relationships carefully, sometimes with affidavits of heirship and, in contested cases, formal proof.

Florida homestead changes everything

If the property was the decedent’s homestead, the ordinary probate rules largely do not apply, and this trips up more sales than any other single issue. Under Article X, section 4 of the Florida Constitution and section 732.401 of the Florida Statutes, homestead property is constitutionally protected and passes outside the normal estate.

What this means in practice:

• Homestead is generally not an asset the personal representative can sell to pay creditors. It passes directly to the protected heirs.
• If the decedent was survived by a spouse and descendants, the spouse may take a life estate (or elect a one-half tenancy in common under section 732.401(2)), with the descendants taking the remainder. Selling then requires all of those interest-holders to sign.
• A court order determining homestead status is often the cleanest way to clear title before a sale, because a buyer’s title insurer will want confirmation that the property descended free of estate creditor claims.

So before listing a Miami home, the first question is almost always: was this the decedent’s homestead? The answer dictates who must sign the deed and whether a court order is needed at all. Getting this wrong can mean a closing that collapses on the day of signing.

Creditors, liens, and the proceeds of sale

A probate sale is not just a real estate transaction; it sits inside a creditor-claims process. Once the estate opens, the personal representative must publish a Notice to Creditors under section 733.2121, and known creditors generally have a window to file claims. Non-homestead real estate is available to satisfy valid claims, which is one reason the property is sold in the first place.

Practical title issues to resolve before closing include:

• Mortgages that survive the owner’s death and must be paid from the proceeds.
• Property tax arrears and code-enforcement or association liens, common on long-vacant Miami properties.
• Medicaid estate recovery claims, which can attach to a deceased recipient’s estate.
• Judgment liens recorded against the decedent.

The personal representative has a fiduciary duty to get fair value and to handle proceeds correctly. Selling to a relative at a bargain price, or distributing money to heirs before creditors are paid, can expose the personal representative to personal liability. When in doubt, court approval of the sale price (even where a will would not require it) protects everyone.

Will-based sales versus court-supervised sales

Although our editorial focus is intestate estates, it helps to see the contrast. The probate framework that governs a sale is conceptually similar across states, even though the statutes differ. New York, for example, distinguishes among depending on whether there is a will and the size of the estate, and a follows its own surrogate’s court procedure. Florida’s system, administered by the circuit court’s probate division, runs on the Florida Probate Code and the Florida Probate Rules.

The dividing line in Florida is authority:

• With a power of sale in the will: the personal representative can usually contract, sign, and close without a separate sale order, though they still answer to the beneficiaries and the court.
• Without a power of sale (most intestate cases): a section 733.613 court order authorizing the sale is the safe and often required path, and many title companies will insist on it.

If you also own or are administering property in Florida through our state office, you can review our for how we structure these sales locally.

What a probate property sale actually costs in time

Clients always ask how long this takes. A clean formal administration in Florida often runs several months from appointment to closing, and longer when real estate is involved, because the sale has to be slotted into the broader administration timeline. Factors that extend it include contested heirship, missing heirs requiring service by publication, homestead determinations, unresolved liens, and the creditor-claim period that must run its course before distributions are safe.

Two things shorten it: getting a qualified personal representative appointed quickly, and lining up the sale documentation, including any required court order, in parallel rather than in sequence. An experienced probate attorney will often prepare the petition for authority to sell at the same time the estate is opened, so the order is ready when a buyer appears.

Common mistakes that derail a probate sale

• Signing a listing agreement before letters issue. No one can bind the estate until the court appoints a personal representative.
• Assuming the heirs can just sell. During administration, the personal representative is the seller unless all heirs join the deed.
• Treating homestead like ordinary estate property. Homestead passes outside probate and needs the right signatures and often a court determination.
• Distributing proceeds early. Pay valid creditors and costs first, or risk personal liability.
• Ignoring title defects. Old mortgages, tax liens, and association claims must be cleared at closing.

None of this should scare a family away from selling. It simply means the order of operations matters, and the order is set by statute, not by preference. If you are facing the sale of a loved one’s home in an estate without a will, talk to a probate attorney before you sign anything. You can reach our office to discuss the property and the heirs, and we will map the fastest lawful path to closing. You may also want to review how a valid will would have changed this process, which is the best argument for planning ahead.

The short version

Selling estate real estate during Florida probate is entirely doable, but it runs on rules. Confirm who the personal representative is, determine whether the property was homestead, identify the heirs under intestate succession if there is no will, clear liens, and obtain a court order authorizing the sale when no will grants that power. Do those things in order, and a probate house in Miami can move to closing without nasty surprises at the title table.

Frequently Asked Questions

Can I sell my deceased parent's house in Florida if there is no will?

Yes, but not on your own signature. You must first be appointed personal representative (administrator) and receive Letters of Administration. Because no will grants a power of sale, you will generally need a court order authorizing the sale under section 733.613 of the Florida Statutes. The heirs receive their shares of the net proceeds at distribution, not at the sale itself.

Do all the heirs have to agree to sell a probate property?

During an open administration, the personal representative is the seller, not the individual heirs, so unanimous heir consent is not strictly required for a court-authorized sale. However, if you want to sell without a court order, every adult heir would have to join in the deed. With homestead property, the spouse and descendants who hold protected interests all must sign.

Why does homestead matter when selling a Florida probate house?

Florida homestead, protected under Article X, section 4 of the state constitution and section 732.401, passes outside the normal estate directly to protected heirs and is generally shielded from estate creditors. That changes who must sign the deed and often requires a court order determining homestead status before a title company will insure the sale.

Who pays the mortgage and liens when an estate sells real estate?

Liens that survive the owner’s death are typically paid from the sale proceeds at closing, including the mortgage, delinquent property taxes, association liens, judgment liens, and any Medicaid estate recovery claim. The personal representative must satisfy valid creditor claims and administration costs before distributing anything to the heirs.

How long does it take to sell a house during Florida probate?

A clean formal administration often takes several months, and longer when real estate is involved, because the sale must fit within the creditor-claim period and the overall administration. Contested heirship, missing heirs, homestead questions, and title defects all add time. Preparing the petition for authority to sell when the estate is opened can speed things up.