The Short Answer

In Florida probate, an “executor” (called a personal representative) may be able to sell estate real estate, but the authority depends heavily on what the will says and whether the property is protected Florida homestead. If the will grants a power of sale, the personal representative can often sell without a separate court order; if not, court authorization/confirmation may be required.

What Florida Law Says

Florida’s Probate Code generally allows a personal representative to administer an estate without constant court supervision, but real estate sales are a common exception where the will’s language (power of sale), court involvement, creditor issues, and homestead restrictions can change the answer. In other words, the personal representative’s “authority” is real—but it is not unlimited, and mistakes can create title problems or fiduciary liability.

The Statute

The primary law governing this issue is Fla. Stat. § 733.613.

This statute establishes that when the will grants a power of sale, the personal representative may sell (or mortgage/lease) estate real property without court authorization or confirmation; but when there is no usable power of sale, the personal representative may still sell, and no title passes until the court authorizes or confirms the sale.

Florida also provides that, unless the Probate Code or a court order says otherwise, a personal representative should proceed without needing an order for every step. See Fla. Stat. § 733.603.

For additional context on estate administration logistics that often come up around a sale, you may also find helpful: holding estate sale proceeds before distribution and tax timing after selling inherited real estate.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even when a sale is permitted, probate has notice and claims timelines that can affect when it is safe to distribute proceeds or close without creating later disputes.
• Burden of Proof: If court authorization/confirmation is required, the personal representative may need to show the sale is in the estate’s best interest and that the terms are appropriate—especially if beneficiaries disagree.
• Exceptions: Florida homestead rules, title issues, liens, and conflicts of interest can limit or complicate a sale even when the will appears to grant broad authority.

Trying to handle an estate property sale without legal guidance can lead to a failed closing, beneficiary litigation, or personal liability for the personal representative. A probate attorney can review the will, confirm whether court involvement is required under Florida law, and help ensure the transaction is structured to protect the estate and the buyer’s title.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.