Yes, a house can usually be sold during probate in Florida. Who has the power to sell depends on three things: whether the will gives the personal representative a power of sale, whether the court must approve the sale under Florida Statute 733.613, and whether the house is protected homestead. Protected homestead often passes directly to the heirs instead of through the estate.
Key Takeaways
- A house doesn't have to sit empty until probate ends. Many Florida estates sell the house during administration.
- If the will gives the personal representative a power of sale, the house can usually be sold without a court order.
- With no will, or no power of sale, the court must authorize or confirm the sale before title passes.
- A protected homestead generally isn't an estate asset. The heirs who inherit it are usually the ones who sell it.
- Whoever sells, the personal representative still owes every beneficiary a fair process and a fair price.
Can You Sell a House During Probate in Florida?
Yes. In many Florida estates, the house is sold during probate, not after it. Families often have good reasons to sell sooner:
- To pay debts and expenses. The estate may need cash to pay valid claims, taxes, or administration costs.
- To divide the value fairly. Splitting the sale proceeds among several heirs is usually much simpler than having them share ownership of one house.
- To stop the ongoing costs. An empty house still needs insurance, utilities, upkeep, and property tax payments.
- To protect the value. A vacant property can lose value through neglect, storm damage, or a slow market.
The real question isn't whether the house can be sold. It's who has the authority to sell it, and whether the court has to sign off. Florida law answers that in three different ways.
Who Has the Power to Sell? The Three Paths Under Florida Law
Path 1: The Will Gives a Power of Sale
Many wills include language that lets the personal representative sell estate property. When the will gives a specific power to sell real property, or a general power to sell any estate asset, §733.613(2) lets the personal representative sell without court authorization or confirmation. The personal representative also doesn't have to prove the sale is necessary.
This is usually the fastest path. Once you have your Letters of Administration, you can list the house, accept an offer, and sign the deed as personal representative.
Path 2: There's No Will, or No Power of Sale
If there's no will, or the will doesn't include a power of sale, the personal representative can still sell. Under §733.613(1), you may sell the house at a public or private sale when it's in the best interests of the estate and the people interested in it. The key limit is that no title passes until the court authorizes or confirms the sale.
In practice, that means an extra court step before closing. It takes more time, but it gives the buyer and the title company the clear authority they need.
Path 3: The House Is Protected Homestead
This is where Florida differs from most states. Under §733.608, a protected homestead generally isn't an asset in the personal representative's hands. Ownership usually passes directly to the heirs or the people named in the will. That means the new owners, not the personal representative, are usually the ones who sell.
Florida also limits who can inherit a homestead. Under §732.4015, when the owner leaves a surviving spouse or a minor child, the homestead can't be freely left by will. It can be left to the spouse only if there's no minor child. Before a homestead sale, the court usually needs to determine that the property is protected homestead, and title companies typically want to see that determination. Learn more about Florida homestead law.
| Situation | Who usually signs the deed | Court order needed? | Florida law |
|---|---|---|---|
| Will gives a power of sale | Personal representative | No | §733.613(2) |
| No will, or no power of sale | Personal representative | Yes, the court authorizes or confirms the sale | §733.613(1) |
| Protected homestead | The heirs or devisees who inherit it | A court determination of homestead status is usually needed first | §733.608, §732.4015 |
Not sure which path applies to your family's house? Carol L. Grant, P.A. can review the will, the deed, and the family situation, and tell you who has the power to sell and what the court will require.
Do All Heirs Have to Agree to Sell Property?
Not always. The answer depends on which of the three paths applies.
| Path | Do all heirs have to agree? |
|---|---|
| Will gives a power of sale | No. The personal representative can sell without beneficiary approval. |
| No will, or no power of sale | No. The court, not the heirs, authorizes or confirms the sale. |
| Protected homestead | Usually yes. The heirs own the house, so generally every owner must sign the deed. |
With a power of sale or a court order, the personal representative makes the decision. That doesn't mean the heirs are shut out. You still have to act in the best interests of everyone with a stake in the estate, and the sale will show up in the accounting that beneficiaries receive. Keeping heirs informed along the way usually prevents problems at the end.
With protected homestead, the heirs are co-owners, so a sale generally needs every owner's signature. One sibling who wants to keep the house can hold up a sale the others want. If co-owners can't agree, talk with a probate attorney about your options before the disagreement hardens.
Can the Executor Sell Property Without All Beneficiaries Approving?
Yes, when the will gives a power of sale or the court approves the sale. What the personal representative can't do is sell carelessly.
Under Florida law, a personal representative owes the same duty of care as a trustee. For a house sale, that means:
- Getting a fair price. Use an appraisal or a broker's opinion of value. Don't accept the first lowball offer just to finish faster.
- Marketing the property reasonably. A quiet sale to a friend at a discount can look like favoritism.
- Documenting your decisions. Keep the valuation, the offers you received, and why you accepted the one you did.
- Telling beneficiaries what's happening. Sharing the listing price and the accepted offer heads off a lot of distrust.
§733.613(3) also matters here. When a sale happens under a power of sale or a court order, the buyer takes title free of beneficiaries' claims to the property. That protects the buyer. It also means that if the price was unfair, unhappy beneficiaries will look to the personal representative, not the buyer. Our guide to the fiduciary duties of a personal representative in Florida explains these obligations in more detail.
Can an Executor Sell Property to Himself?
Only with protection in place. Under Florida Statute 733.610, a sale to the personal representative can be undone later by any interested person. The same applies to sales to the personal representative's spouse, agent, or attorney, or to a company they have a substantial interest in.
The sale stands only if one of these is true:
- The will, or a contract signed by the deceased person, expressly authorized it.
- The court approved it after notice to the interested persons.
- The interested persons consented after full disclosure.
This comes up often. A common example is a personal representative who's also an heir and wants to buy out a sibling's share of the family home. That can work. Get an independent appraisal, disclose everything, and secure either written consent from the other beneficiaries or court approval before you close. At Carol L. Grant, P.A., we help families set these sales up the right way so the deal holds up.
How to Sell a House During Florida Probate, Step by Step
Every estate is different, but most Florida probate home sales follow this path.
- Get appointed and receive Letters of Administration. Until the court appoints a personal representative, no one has authority to sign a sales contract for the estate. Our page on probate filing and documentation walks through this first stage.
- Find out whether the house is protected homestead. This decides who sells. If the house is protected homestead, the heirs who inherit it usually handle the sale after the court determines its homestead status.
- Check the will for a power of sale. If the will grants one, you can usually sell without a court order. If it doesn't, plan for the court to authorize or confirm the sale.
- Secure and insure the property. Change the locks if needed, keep the homeowner's insurance in force, and keep up with basic maintenance. Many insurers treat a vacant home differently, so tell the carrier the owner has passed away.
- Get a valuation. An appraisal or a broker's opinion of value helps you set a fair price and shows you met your duty of care. It also gives you a value to report on the estate inventory.
- List the house and accept an offer. Sign everything in your role as personal representative. Under §733.619, a personal representative who fails to show that representative capacity and identify the estate in a contract can be held personally liable on it.
- Get a court order if one is needed. Without a power of sale, title doesn't pass until the court authorizes or confirms the sale under §733.613(1). Build that time into the closing date.
- Close the sale. The title company will ask for your Letters of Administration and, where needed, the court order. The deed is signed by the personal representative, or by the heirs for a homestead.
- Put the proceeds in the estate account. Money from a non-homestead sale belongs to the estate. Keep it out of anyone's personal account.
- Pay claims, then distribute. Valid claims and expenses get paid in the order set by §733.707 before beneficiaries receive their shares. Learn more about creditor claims in Florida probate.
Can I Sell My Deceased Parent's House Without Probate?
Sometimes. It depends on how the house was titled when your parent died. A Florida house can pass outside probate when it was held in any of these ways:
- Joint ownership with right of survivorship. The surviving owner becomes the full owner automatically.
- Tenancy by the entirety. This is a form of ownership for married couples. The surviving spouse becomes the sole owner.
- A lady bird deed. This deed names who gets the property at death, without probate. Read more in what you should know about lady bird deeds.
- A living trust. If the house was titled in the trust, the successor trustee can usually sell it under the trust's terms.
In each of these cases, the new owner typically needs to record the death certificate and related paperwork to clear the title before selling.
If the house was in your parent's name alone, being the heir doesn't give you the right to sign a deed. A buyer's title company will want proof of who owns the house, and that usually means a court process. Two options are lighter than full probate:
- Summary administration. Under §735.201, it's available when the estate subject to administration, less exempt property, is worth $150,000 or less, or when the person has been dead for more than 2 years. See who qualifies for summary administration.
- A homestead determination. If the house was the parent's protected homestead, the court can determine who inherited it so the heirs can sell.
One common shortcut doesn't work for a house. Florida's disposition without administration under §735.301 covers personal property only. It can't be used to transfer real estate. For more on which estates need probate at all, see how much an estate has to be worth to go to probate in Florida.
Not sure how your parent's house was titled? Carol L. Grant, P.A. can review the deed and tell you whether probate is needed before you can sell.
How Long Does It Take to Sell a House in Florida Probate?
There's no set deadline for selling the house itself. The estate does have a clock, though. Under Florida Probate Rule 5.400(c), the final accounting and petition for discharge are generally due within 12 months after Letters of Administration are issued, unless the court extends that time. If the house needs to be sold to settle the estate, the sale has to fit inside that schedule.
What usually speeds a sale up:
- A power of sale in the will, so no court order is needed
- Heirs who agree on the price and the timing
- A clean title and a house that's ready to list
What usually slows it down:
- Waiting for the court to authorize or confirm the sale
- Getting a court determination of homestead status
- Title problems, such as old liens or a missing heir
- Repairs needed before the house can sell
- Family members who disagree
Selling during probate can also help with the buyer's side. Under §733.613(3), a buyer who purchases under a power of sale or a court order takes title free of estate creditors' claims, apart from existing mortgages and liens. That gives title companies and buyers more confidence.
What if the house isn't sold during probate? Once it's distributed to the heirs and the title is in their names, they can sell it like any other homeowner. For the bigger picture, see our guide on how long probate takes in Florida.
Who Can Live in the House During Probate?
It depends on whether the house is protected homestead and what the will says. A family member who stays in a non-homestead house rent-free can create problems. It can look like favoritism to other heirs, and it can leave the estate covering costs it shouldn't. If the house may be homestead, the heirs' ownership rights change the answer. Our article on what happens to real estate during probate in Florida covers occupancy in more detail.
Taxes and Costs When Selling a Probate House
Taxes. Inherited property generally receives a "step-up" in tax basis to its value at the date of death. That can greatly reduce, or even eliminate, capital gains tax when the house sells soon after death. Learn what step-up in basis means, and talk with a CPA about your estate's tax situation.
Costs. A probate home sale usually involves:
- Real estate commissions
- Closing costs and title insurance
- Repairs or cleanup to get the house ready to sell
- Court costs and attorney's fees, if a court order is needed
When the estate sells the house, these costs are generally paid from the estate as administration expenses, not out of the personal representative's own pocket. For more, see our guide to Florida probate costs and fees.
How Carol L. Grant, P.A. Helps Families Sell Estate Property
Selling a parent's home is both a legal task and an emotional one. Carol L. Grant has decades of legal experience helping Florida families through probate, and she knows how often the house is the hardest asset to deal with. Our office is at 1601 N. Flamingo Road in Pembroke Pines. We help families throughout Broward County, Miami-Dade County, and Palm Beach County.
We can help you:
- Figure out who has the legal authority to sell
- Determine whether the house is protected homestead
- Get the court order or homestead determination the title company needs
- Handle the proceeds and pay valid claims in the right order
- Keep heirs informed so the sale doesn't become a family dispute
If the house is in another state, ask us about ancillary administration.
Talk Through Your Situation With Our Team
Thinking about selling a loved one's home during probate? Let's start with who can sign the deed and what the court will need. Consultations are available by phone or Zoom.
Schedule a probate consultation or call (954) 404-8274.
Frequently Asked Questions
Can you sell a house during probate in Florida?
Yes. In many Florida estates, the house is sold during probate. If the will gives the personal representative a power of sale, no court order is usually needed. Without one, the court must authorize or confirm the sale. A protected homestead is usually sold by the heirs who inherit it.
Do all heirs have to agree to sell a house in Florida?
Not when the personal representative sells under a power of sale or a court order. For a protected homestead, the heirs own the house, so generally every owner must sign the deed.
Can the executor sell property without all beneficiaries approving?
Yes, when the will grants a power of sale or the court approves the sale. The personal representative must still act in the beneficiaries' best interests and get a fair price.
Can an executor sell estate property to himself?
Only with protection in place. Under Florida Statute 733.610, the sale can be undone unless the will authorized it, the court approved it after notice, or the interested persons consented after full disclosure.
Can I sell my deceased parent's house without probate?
Only if the house passed outside probate. That includes joint ownership with right of survivorship, tenancy by the entirety, a lady bird deed, or a trust. If the house was in your parent's name alone, a court process such as summary administration or a homestead determination is usually needed first.
Does a probate house sale need court approval in Florida?
Only when the will doesn't give the personal representative a power of sale, or when there's no will. In that case, under Florida Statute 733.613(1), title doesn't pass until the court authorizes or confirms the sale.
How long does an executor have to sell a house in Florida?
There's no fixed deadline for the sale itself. The estate's final accounting and petition for discharge are generally due within 12 months after letters are issued, so a sale usually needs to happen within that time unless the court extends it.
Who owns a house during probate in Florida?
A non-homestead house is held by the personal representative for the estate under Florida Statute 733.608. A protected homestead is different: ownership generally passes directly to the heirs or the people named in the will, not to the estate.
What is the 10-day rule for probate in Florida?
Under Florida Statute 732.901, anyone holding a deceased person's original will must deposit it with the clerk of the court within 10 days after learning of the death.
What happens to the money from a probate house sale?
When the estate sells the house, the proceeds go into the estate account. They're used to pay valid claims and expenses in the order Florida law requires, and what's left goes to the beneficiaries. Proceeds from a protected homestead sold by the heirs generally belong to those heirs.
