When a court’s approval is required under Florida law

Court approval is commonly required when the person who wants to sell a house lacks unilateral authority to convey the property or when the property is part of a legal proceeding. Typical situations include:

• Sale of real property owned by a decedent’s estate while the estate is in probate (handled by the personal representative).
• Sale of a ward’s property when a guardian or guardian advocate manages assets (guardianship under Chapter 744, Florida Statutes).
• Sale that involves homestead property where special Florida constitutional protections apply.

For the probate framework, see Florida’s probate statutes (Chapter 733): Fla. Stat. ch. 733. For guardianships, see Chapter 744: Fla. Stat. ch. 744. Also note Florida’s homestead protections in the state constitution: Florida Constitution (Article X).

Step-by-step: Typical court-approval process (probate example)

The following uses a common hypothetical: a personal representative (executor) needs to sell a decedent’s house to pay the remaining mortgage and other estate expenses. Steps generally are:

1. Confirm ownership and legal status. Check the deed, mortgage, title, and whether the property is homestead. If the house passes outside probate (e.g., joint tenancy with right of survivorship or a living trust), you may not need probate court approval.
2. Open the probate (if not already opened). File the petition to probate the will and appoint a personal representative. The court will issue letters of administration or letters testamentary that identify the representative’s authority.
3. Determine whether statutory authority exists to sell without a separate order. In many estates the personal representative has powers to manage estate property, but whether a specific court order is required depends on the statute, the will, and the circumstances (for example, if a proposed sale is needed to pay debts or is to an interested party). If the representative lacks clear statutory or will-based authority, file a petition for authority to sell real property.
4. Prepare the sale documents. Gather the proposed purchase contract, a recent appraisal or broker’s price opinion, a payoff statement from the mortgage lender, and a proposed form of court order approving the sale. Identify all interested persons (heirs, beneficiaries, mortgagee, lienholders).
5. File a petition or motion and provide notice. File a petition for authority to sell with the probate court, attaching the proposed contract and proposed order. Serve notice on all interested persons and provide any creditor notice required by statute or court rule.
6. Attend hearing and obtain court order. The court will normally schedule a hearing. At the hearing the court will review whether the sale is in the estate’s best interest, whether creditors are protected, and whether the price and terms are reasonable. If the court approves, it will enter an order authorizing the sale and directing how mortgage payoff and distribution will occur.
7. Close the sale and pay the mortgage. Use a closing agent or title company. The lender will provide a payoff statement showing the exact payoff amount on the closing date. The closing agent pays off the mortgage from sale proceeds and obtains a satisfaction or release of mortgage to record with the county clerk/recorder.
8. File a closing statement and account with the court. After closing, file the closing statement and any required accounting with the probate court showing how proceeds were applied (mortgage payoff, closing costs, creditor payments, distributions to beneficiaries). The court may require a final accounting before closing the estate.

For guardianships, the guardian must generally petition the court for authority to sell a ward’s real property unless the guardianship order or statute grants sale authority. See Florida’s guardianship statutes in Chapter 744: Fla. Stat. ch. 744.

Key documents and information you will need

• Death certificate (if probate).
• Recorded deed and current title report.
• Mortgage payoff statement from the lender (shows precise payoff figure and payor instructions).
• Purchase contract for the sale (signed by buyer and seller/representative).
• Appraisal or broker’s price opinion to justify sale price to the court.
• Letters testamentary or letters of administration (probate) or letters of guardianship (guardianship).
• Proposed court order authorizing sale and distribution of proceeds.

What to expect from the mortgage payoff and recording

The lender will issue a payoff statement that typically expires after a short period. At closing the title company or closing agent pays the lender from sale proceeds and records a satisfaction of mortgage or release. Recording the satisfaction clears the mortgage lien from the public record. If the sale proceeds aren’t sufficient to pay the mortgage, you must address the deficiency—either through estate funds, lender negotiations, short sale approval by the lender, or other legal steps.

Common complications

• Homestead property — Florida provides strong protections for homestead property that can limit sale or affect who must join the sale. See the Florida Constitution: Article X.
• Multiple mortgages or liens — all lienholders must be paid or otherwise satisfied at closing.
• Contested sales — heirs or creditors can object; the court will resolve disputes before approving a sale.
• Lack of clear authority — if no will grants power and statutes do not provide clear authority, the court will want detailed justification before approving the sale.

Helpful Hints

• Start by confirming how the property is titled. That single fact often determines whether you need court involvement.
• Obtain a current mortgage payoff statement early. Payoffs expire quickly and affect negotiations and timing.
• Work with a closing agent or title company experienced in probate/guardianship transactions in your county.
• Prepare a clear proposed order for the court that explains who will get what from the sale proceeds and how liens will be handled.
• If the mortgage lender is willing to accept less than full payoff (short sale), get the lender’s written approval before seeking a court order to sell at a reduced price.
• Keep detailed records and be ready to file accounting documents with the court after closing.
• If you expect opposition from heirs or creditors, consider mediation or settlement talks before the hearing to avoid contested litigation.