Who has the right to sell?
Until a court acts, no one. The heirs don’t yet have title and the person who died obviously can’t sign. The sale authority comes from one of two places:
- In formal administration, the personal representative — once the court appoints them and issues Letters of Administration — holds the estate’s property and can sell it (§ 733.608, § 733.613).
- In summary administration, the court’s order distributes the house directly to the heirs named in the order, and they sign the deed.
Power of sale vs. court order
Under § 733.613, if the will expressly gives the personal representative the power to sell real estate, they can sell without going back to the judge; a buyer’s title company will want a copy of the will and the Letters. If there is no will, or the will is silent, the personal representative petitions the court for an order authorizing sale. The petition describes the property, the price, and the terms, and heirs are given notice. In most counties this is routine and adds a few weeks, not months.
The purchase contract can be signed before any of this. We sign with the estate (through the proposed personal representative) and make the contract contingent on the court’s approval — so the price is locked in while the court keeps the final say.
The homestead exception
If the house was the deceased person’s Florida homestead and it passes to a spouse or heirs, it is not an asset the personal representative controls — it passes directly to them under the constitution. The heirs themselves sign the deed, after the court enters an order determining homestead. Practically, this means every heir has to sign, and it is the main reason we spend so much time talking to each heir individually. See inherited homestead.
Short version: if you want the house sold, we pay for the probate and get the attorney working within 24 hours — call or text (727) 353-6206, or use the form.
What the title company needs to close
- Certified death certificate
- Letters of Administration (formal) or the order of summary administration
- The will, if any, and the order admitting it
- Order authorizing sale, when the will doesn’t grant power of sale
- Order determining homestead, when the house was homestead
- Payoffs for any mortgage, tax certificates, or liens
- A personal representative’s deed (formal) or deed from the heirs (summary)
The title companies we work with close estate sales constantly and work directly with the probate attorney, so these documents are ready the day the court signs.
Where the money goes
In formal administration the sale proceeds are deposited to the estate’s account. Costs of administration and valid creditor claims are paid, and the balance is distributed to the heirs at the end of the estate — or earlier, by partial distribution with court approval, when the claim period has run and there’s no dispute. In summary administration the proceeds go straight to the heirs at closing, because the court has already distributed the house to them.
Selling to a cash buyer vs. listing during probate
A listing during probate is possible, but it means strangers walking through your parent’s house for months, repairs and clean-out before photos, lenders whose appraisals and underwriting can fall apart after the court order is in hand, and carrying costs the whole time. A direct sale to us means one walkthrough, no repairs, no clean-out, no financing contingency, and a closing date set by the court’s timeline rather than a buyer’s lender. When the house is in good shape and the heirs have time, listing can net more — and we will tell you when we think that’s true, with a net-to-net comparison in writing.
Questions people ask
Can a personal representative sell property without all beneficiaries approving?
In formal administration, generally yes: with a power of sale in the will or a court order authorizing the sale, the personal representative can sell estate property. Beneficiaries receive notice and can object to the court, but they don’t each have a veto. The exception is protected homestead, which belongs to the heirs directly and requires every heir’s signature.
Can an estate accept an offer before Letters of Administration are issued?
Yes — the contract is signed by the proposed personal representative on behalf of the estate and made contingent on the court appointing them and authorizing the sale. This is how we lock in a price on day one.
Does the court have to approve the sale price?
When an order authorizing sale is required, the petition states the price and terms and the judge approves them. Florida judges generally approve arm’s-length sales to unrelated buyers at a reasonable price; they look harder at sales to the personal representative or to family.