The Short Answer

In Florida probate, a personal representative can often sell a decedent’s home during administration, but whether court approval is required depends on the will and the type of property involved (including whether it is protected homestead). If the sale is allowed, the proceeds are typically held by the estate (or in a restricted/escrow arrangement if the court orders it) until valid claims, expenses, and the correct beneficiaries’ shares are determined.

What Florida Law Says

Florida gives the personal representative authority to administer estate assets and, in many situations, to sell real property. The key legal question is whether the will grants a power of sale (which can allow a sale without a separate court order) or whether the personal representative must petition the probate court to authorize/confirm the sale. Separately, if the home is (or may be) Florida protected homestead, it may not be a probate asset in the usual sense—meaning the personal representative’s ability to sell it can be limited and fact-specific.

The Statute

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

This statute establishes that if the will does not give an effective power of sale, the personal representative may sell real property, but no title passes until the court authorizes or confirms the sale; if the will grants a power of sale, the personal representative may be able to sell without court authorization.

Florida law also recognizes that probate administration often proceeds without repeated court orders unless the Probate Code requires it or the judge orders it. See Fla. Stat. § 733.603.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a specific home sale is rarely simple. Legal outcomes often depend on:

• Homestead and who has rights: If the property is (or might be) protected homestead, the personal representative’s authority can be limited, and the “right” way to sell (and who must consent) can change dramatically.
• Whether court approval is required: Under Fla. Stat. § 733.613, the will’s wording (or lack of it) can determine whether you need an order authorizing/confirming the sale—something that can affect closing timelines and buyer confidence.
• How proceeds can be “held in trust”: Sometimes proceeds are simply held in the estate’s control pending claims and distribution; other times the court may require a restricted deposit/escrow arrangement depending on the dispute, lien, or administration issue. For example, Florida law expressly allows a court to require proceeds be deposited into a restricted account in certain homestead-lien situations. See Fla. Stat. § 733.608(12).

Trying to “structure” a sale and holdback on your own can create closing delays, title issues, and personal representative liability—especially if beneficiaries disagree, creditors appear, or the property’s homestead status is unclear.

If you want more background reading, see: Can a Florida Executor (Personal Representative) Sell Estate Real Estate Without Court Approval? and Can I Use a Trust or Escrow Account to Hold Estate Sale Proceeds Before Distribution in Florida?.

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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.