Last updated September 27, 2026
Personal Representative's Guide to Selling a House in Florida Probate
Short answer: A Florida personal representative can list and sell estate real property once the court has appointed them and issued Letters of Administration. If the will contains a power of sale, section 733.613(2) lets the sale close without a court order; if there is no will or no power of sale, section 733.613(1) means no title passes until the court authorizes or confirms the sale. Protected homestead is different: it is not an estate asset and the heirs sign, not the personal representative.
Key takeaways
- The personal representative's powers begin on appointment (section 733.601); the Letters are the proof every title company asks for.
- The personal representative controls the property but does not own it: title vests in the beneficiaries at death (section 732.514) and the personal representative signs in a representative capacity.
- Will with power of sale = no court order needed; intestate or no power of sale = court authorization or confirmation before title passes (section 733.613).
- A sale by the personal representative to themselves, their spouse, agent or attorney is voidable unless authorized, court-approved or consented to after fair disclosure (section 733.610).
- Preparation, pricing and marketing can be finished before appointment; only the signatures have to wait.
Informational purposes only. This is not legal advice and no attorney-client relationship is created by reading it. PBP Real Estate, LLC is a licensed Florida real estate brokerage (License CQ1064615), not a law firm. Speak to a Florida probate attorney about the estate you are administering, and to a CPA about anything involving money or tax.
What does a personal representative actually hold?
Most families assume the personal representative becomes the owner of the house. Florida law is more precise than that, and the precision matters at the closing table.
| Question | Florida rule | What it means for the sale |
|---|---|---|
| Who owns the house after death? | Devises vest in the beneficiaries at death (s. 732.514) | The personal representative is never the seller in their own right |
| Who controls it? | The personal representative has the right to possession and control of all property except protected homestead (s. 733.607) | The personal representative decides on access, repairs, insurance and listing |
| Is it an estate asset? | All real property except protected homestead is an asset in the personal representative's hands for claims, expenses and distribution (s. 733.608(1)) | Sale proceeds go into the estate account, not to individual heirs |
| When do the powers start? | On appointment, with relation back to beneficial acts before appointment (s. 733.601) | Nothing binding is signed for the estate before the Letters issue |
The practical consequence is that the personal representative signs everything as personal representative: "Jane Doe, as Personal Representative of the Estate of John Doe." The listing agreement, the contract, the deed and the closing statement all carry that capacity, and the buyer's title insurer checks it against the Letters.
Do I need a court order to sell? It depends on the will
Section 733.613 of the Florida Statutes splits every estate sale into one of two tracks, and which track you are on should be settled with the estate's attorney before the first showing.
| Situation | Statute | Court involvement in the sale | Effect on the buyer |
|---|---|---|---|
| Will gives a specific power to sell real property, or a general power to sell any estate asset | s. 733.613(2) | None. The personal representative may sell, mortgage or lease without authorization or confirmation, and need not show necessity | Sale under the power is valid; buyer takes free of estate creditors' claims and beneficiaries' entitlements (s. 733.613(3)) |
| No will (intestate), or a will with no usable power of sale | s. 733.613(1) | Required. The personal representative may contract at public or private sale, but no title passes until the court authorizes or confirms | Contract is written subject to court approval; buyer need not examine proceedings before the order of sale |
Plan for the second track to add weeks, not days, in both the Fifteenth Judicial Circuit (Palm Beach County) and the Seventeenth (Broward): the petition has to be filed, noticed to interested persons and heard, and any objection extends it. That is time the marketing plan has to absorb: a buyer who is told on day one that closing depends on a court date stays in the deal; a buyer who learns it after inspections often does not.
We read the power-of-sale clause ourselves before pricing an estate listing, then confirm the track with the estate's attorney in writing. A will that grants a power of sale "with the consent of all beneficiaries" is a power the statute describes as "so limited that it cannot be conveniently exercised" if one beneficiary is missing or hostile, which pushes the sale back onto the court-order track.
What does the title company ask for?
Every probate closing in Palm Beach and Broward runs through a title agent or closing attorney who is insuring the buyer's title. Their checklist is predictable, and gathering it before listing is the difference between a 30-day closing and a 60-day one.
- Certified copy of the Letters of Administration, certified recently enough to satisfy the title underwriter, who may ask for a fresh certification close to closing.
- Certified copy of the death certificate.
- Copy of the will as admitted, showing the power of sale, or the order authorizing or confirming the sale on the court-order track.
- Evidence that the property is not protected homestead, or an order determining homestead if it is. See homestead property in a Florida probate.
- Status of the creditor period under section 733.702 and whether any claim is secured by the property.
- Payoff and lien information: mortgage, property tax, condominium or homeowners' association estoppel, code liens. Section 733.613(3) protects the buyer from unsecured estate creditors but leaves existing mortgages and liens untouched.
- Estate tax identification number and the estate's bank account for proceeds.
We require the first three items before an estate listing goes live in BeachesMLS, because a contract signed without confirmed authority is a contract the estate may not be able to honor.
Can the house be sold before the creditor period ends?
Yes, and it often is. Under section 733.702 creditors have until the later of three months after the first publication of the notice to creditors or 30 days after service on a creditor who had to be served. A sale under a power of sale, or under a court order, can close inside that window. The net proceeds sit in the estate account and the personal representative pays claims, administration expenses and distributions from them in the order the code requires.
What changes is the distribution date, not the closing date. Heirs who are expecting a check at closing need to hear early that the money moves to the estate first. We put that in writing to every beneficiary who asks, because misaligned expectations are the most common source of friction in an estate sale.
What if the personal representative wants to buy the house?
It is a common situation: one child wants to keep the family home and is also the personal representative. Section 733.610 says a sale affected by a conflict of interest between the personal representative and the estate is voidable by any interested person unless the will authorized the transaction, the court approved it after notice to interested persons, or the objecting person consented after fair disclosure. That reaches sales to the personal representative's spouse, agent or attorney, and to any entity in which they have a substantial interest.
The defensible path is a written opinion of value from an independent broker so that every beneficiary can see the price is fair, followed by either written consents after full disclosure or a court order. We prepare that opinion of value by hand from current BeachesMLS sales and provide it to the attorney and all beneficiaries at the same time; we do not list the property for a purchase by the personal representative without the attorney's written direction on which of the three exceptions applies.
What is the personal representative paid for handling the sale?
Section 733.617 presumes reasonable compensation of 3% of the first $1,000,000 of compensable value, 2.5% of the next $4,000,000, 2% of the next $5,000,000 and 1.5% above $10,000,000, and it allows further reasonable compensation for extraordinary services. The statute lists "the sale of real or personal property" and "dealing with protected homestead" among those services. Whether to claim it, and how it interacts with a will that sets its own compensation terms under section 733.617(4), is a conversation for the estate attorney and the beneficiaries. We mention it because personal representatives regularly do not know it exists and spend a year of unpaid work assuming they cannot be compensated.
What can be done before appointment, and what cannot?
| Before Letters issue | After Letters issue |
|---|---|
| Written opinion of value as of the date of death for the inventory (Fla. Prob. R. 5.340 requires estimated fair market value at date of death, filed within 60 days of Letters) | Sign the listing agreement as personal representative |
| Condition walk-through; repair, clean-out and staging decisions | Enter the listing in BeachesMLS with the estate disclosed |
| Secure, insure and winterize or hurricane-prepare the property; section 733.608(2) allows this even for apparent homestead that is unoccupied | Accept a contract; on the court-order track, make it subject to court authorization or confirmation |
| Order association estoppel and confirm mortgage payoff figures | Sign the deed and closing documents in a representative capacity |
| Photograph and prepare marketing so the launch date is the appointment date | Deposit net proceeds to the estate account |
Section 733.601 lets a personal representative ratify beneficial acts taken before appointment, which covers things like emergency roof repairs paid for by a family member. It does not cure a pre-appointment listing agreement or contract. Nothing is signed for the estate until the Letters exist.
Where this fits in the probate timeline
Formal administration in Palm Beach County typically runs nine to eighteen months and the property sale is rarely the longest part of it. What makes the sale the bottleneck is starting the preparation only after appointment, then discovering a homestead question or a missing power of sale at contract. Working the checklist above during the petition period keeps the closing off the critical path. The county-by-county timeline is on how long probate takes in Palm Beach County, and the stage-by-stage sequence is on the Florida probate flowchart.
Where we fit
We are not lawyers and we do not file petitions. What we do is the property: a written opinion of value prepared by hand from current BeachesMLS sales, including the date-of-death figure the inventory needs, preparation timed to the court's calendar, a listing written so that buyers understand the authority and the timeline on day one, and a closing run so that the sale is not the thing holding the estate open. If a family does not yet have a probate attorney, we can refer several who handle Palm Beach and Broward estates regularly.
Related
- Stepped-up basis: what the heirs owe in tax when they sell
- Selling an inherited condominium: assessments, estoppel and the association
- Probate real estate in South Florida — the full guide for executors and personal representatives
- Homestead property in a Florida probate: why the house is different
- When heirs disagree about selling an inherited house
- Selling a house held in a living trust — when there is no probate at all
- How long probate takes in Palm Beach County
- Do I qualify for summary administration?
- Date-of-death home value for the inventory
- For probate and estate attorneys
See what the property is worth
Every decision on this page depends on one number: what the property is actually worth today, and what it was worth on the date of death. Gia Freer, our Broker of Record, prepares a written opinion of value from our own BeachesMLS data. No automated estimate is published on this site and no price here is produced by software.
Selling as personal representative: questions and answers
Can a personal representative sell a house in Florida without going to court?
Yes, if the will gives a specific power to sell real property or a general power to sell any asset of the estate. Under section 733.613(2), Florida Statutes, the personal representative may then sell without court authorization or confirmation and does not have to show that the sale is necessary. Without such a power, or where the estate is intestate, section 733.613(1) applies and no title passes until the court authorizes or confirms the sale.
What are Letters of Administration and why does every buyer's title company ask for them?
Letters of Administration are the court's document evidencing that a named person has been appointed personal representative. Under section 733.601 the personal representative's powers start on appointment, so the Letters are the proof of authority a title company, a lender and a buyer's attorney will want to see before they rely on any signature for the estate. We require a certified copy before a listing goes live.
Does the personal representative own the house?
No. Under section 733.607 the personal representative has the right to possession and control of the decedent's property, except protected homestead, and under section 733.608 non-homestead real property is an asset in the personal representative's hands for paying claims, expenses and distributions. Title itself vests in the beneficiaries at death under section 732.514. The personal representative signs the listing agreement, contract and deed in a representative capacity, not as owner.
Can the house be sold while the creditor period is still running?
Usually yes. The creditor claims period under section 733.702 is the later of three months after first publication of the notice to creditors or 30 days after service on a known creditor. A sale under a will's power of sale, or under a court order, can close during that window; the net proceeds are held in the estate account and claims, expenses and distributions are paid from them later. Whether to close early is the estate attorney's call, not ours.
Can the personal representative buy the house from the estate?
Only with care. Under section 733.610 a sale in which the personal representative has a conflict of interest is voidable by any interested person unless the will authorized it, the court approved it after notice, or the interested person consented after fair disclosure. The same applies to sales to the personal representative's spouse, agent or attorney. We do not list an estate property for a purchase by the personal representative without written direction from the estate's attorney.
Is the personal representative paid extra for selling the house?
Section 733.617 sets a presumptively reasonable commission for the personal representative of three percent of the first one million dollars of compensable value, on a sliding scale above that, and allows further reasonable compensation for extraordinary services, which the statute lists as including the sale of real property and dealing with protected homestead. Whether to claim it is between the personal representative, the beneficiaries and the estate attorney.
What can be done on the house before the personal representative is appointed?
Everything except signing for the estate. A written opinion of value as of the date of death, a condition walk-through, a repair-versus-credit decision, a clean-out plan and marketing preparation can all be finished before the Letters issue, so that the property goes to market within days of appointment rather than weeks. Section 733.601 also lets the personal representative ratify beneficial acts taken before appointment, but nothing should be signed for the estate until the Letters exist.
Who signs the closing documents in a probate sale?
The personal representative, in that capacity, provided the authority to sell is either a power of sale in the will or a court order. If the property is protected homestead it is not an estate asset and the heirs or devisees sign as owners instead, usually after an order determining homestead. If the estate went through summary administration there is no personal representative and the people named in the order sign. Getting this question right on day one is the single biggest time-saver in a probate sale.
Sources and legal references
This page summarizes Florida law and court procedure for property owners. The primary sources are below; for your own estate, rely on a Florida-licensed probate attorney.
- Chapter 732, Florida Statutes: Probate Code; Intestate Succession and Wills — Florida Legislature (Online Sunshine)
- Chapter 733, Florida Statutes: Probate Code; Administration of Estates — Florida Legislature (Online Sunshine)
- Section 733.613, Florida Statutes: Personal representative's right to sell real property — Florida Legislature (Online Sunshine)
- Section 735.201, Florida Statutes: Summary administration; nature of proceedings — Florida Legislature (Online Sunshine)
- Section 732.401, Florida Statutes: Descent of homestead — Florida Legislature (Online Sunshine)
- Section 733.702, Florida Statutes: Limitations on presentation of claims — Florida Legislature (Online Sunshine)
- Florida Probate Rules (Florida Rules of Court Procedure) — The Florida Bar
- 26 U.S. Code Section 1014: Basis of property acquired from a decedent — Legal Information Institute, Cornell Law School
- Publication 559, Survivors, Executors, and Administrators — Internal Revenue Service
- Property tax exemptions, including homestead — Florida Department of Revenue
- Probate Division, Fifteenth Judicial Circuit (Palm Beach County) — Fifteenth Judicial Circuit of Florida
- Probate Division, Seventeenth Judicial Circuit (Broward County) — Seventeenth Judicial Circuit of Florida
- Probate and Guardianship, Broward County Clerk of Courts — Broward County Clerk of Courts
Families we have helped through an estate sale
PBP Real Estate holds 86 Google reviews at an average of 5.0 out of 5. Every quote below is a verbatim excerpt from a public review on that profile, shortened only where marked.
Gia and John from PBP Real Estate exceeded expectations in selling my mother's Delray Beach condo, which had previously failed to sell with another firm. Despite being in New York, I experienced excellent communication and responsiveness via phone, text, and email, making the remote process, including the closing, stress-free.
★★★★★ Robert S. · Google review, December 2024
I needed to sell my mothers home from out of state and Gia made the whole process very easy. She helped me getting the right people to get the house emptied and cleaned.
★★★★★ Roger D. · Google review, December 2024
We live in Ohio and had to sell a home in South Florida that needed a lot of work. She is extremely knowledgable and very helpful when it came to what should be done and what could be left alone to get us the most profit. Gia has a large network of reliable contractors.
★★★★★ A Google reviewer · Google review, April 2020
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