The Short Answer

In Florida, a personal representative (executor) generally has the legal authority to take control of estate property when it is needed for administration, and can pursue a court action to recover possession if an heir or occupant refuses to leave. The right approach depends on whether the home is protected homestead, whether the sibling has any ownership/tenancy rights, and whether the estate needs the property to pay expenses, resolve claims, or complete distribution.

What Florida Law Says

Florida probate law gives the personal representative the right to possess or control the decedent’s property (with important limits for protected homestead). If the estate needs the property for administration and a beneficiary is occupying it without cooperation, the personal representative may have to use the courts to regain possession so the estate can be managed, protected, and ultimately distributed.

The Statute

The primary law governing this issue is Fla. Stat. § 733.607.

This statute establishes that the personal representative has the right to take possession or control of the decedent’s property (except protected homestead), and may maintain an action to recover possession of property when necessary for administration.

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: If the estate must sell or manage the property to pay expenses, taxes, or creditor claims, delays caused by an occupant can create time-sensitive problems in the probate administration.
• Burden of Proof: Even if the sibling is “just refusing to leave,” the personal representative may need to prove the estate’s right to possession and that possession is necessary for administration under Fla. Stat. § 733.607.
• Exceptions: Florida’s protected homestead rules can significantly limit what a personal representative can do with the home, and they can change who is entitled to occupy or receive the property. Missteps can trigger litigation and personal liability allegations.

Also, the “right” remedy can vary: some situations involve a landlord-tenant eviction framework, others are better handled as an unlawful detainer/ejectment-type dispute, and some require probate-court orders tied to the administration. Choosing the wrong path can cause expensive delays or dismissal.

If you want more background on family disputes over inherited homes, you may find this helpful: removing belongings when other family members have partial ownership under the will and how long to give family to remove belongings.

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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.