Florida Probate Administration Law and Right to Pass Title

The personal representative of a Florida estate can sell real property during probate administration. However, as highlighted in the article below, there are some instances when the Florida probate statute requires the estate’s executor to get a court order before a property in probate administration can be sold.

When Does A Personal Representative Need A Court Order Approving A Sale?

A Florida personal representative needs such a court order to pass title to real estate in two situations: (a) when the estate is intestate (i.e. there is no Will), or (b) when the Will fails to give the personal representative the express and specific power to sell the real estate. In addition, 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 in Florida during probate administration, some judges insist upon an appraisal of the value. Others do not. All judges require unpaid creditors and other interested persons in the estate to be given notice of the petition for approval before the order is signed.

Homestead in Florida is sold by the heirs, not the personal representative.

Our Attorneys Have Florida Probate Property Experience

At Statewide Probate®, our Florida Probate Lawyers fully understand Florida probate statutes and how they apply to real property in probate administration. To help you determine if our lawyers can best serve your probate administration needs, we offer a free 20-minute consultation. Contact us today to get started.