When does a Personal Representative need a court order approving a sale? A Personal Representative needs such a court order to pass title in two situations: (a) when the estate is intestate (no will), or (b) when the will fails to give the Personal Representative the express and specific power to sell the real property. Of course, such a deed is not valid to convey a homestead in Florida unless the will directs the Personal Representative to sell the homestead and distribute the assets, which actually causes the homestead to lose its exempt-status.

For court approval of the sale of non-homestead property, some judges insist upon an appraisal of the value, others do not. All require unpaid creditors and other interested persons to be given notice of the petition for approval before the order is signed.

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