What happens if the other heir tries to sell their share of an estate property under contract without my signature? - Florida
The Short Answer
In Florida, one heir generally cannot sell your ownership interest in inherited real estate without your consent and signature. However, a personal representative (executor) may be able to sell estate real property in certain situations—sometimes only with court authorization—so the enforceability of any “contract” depends on who signed it, what interest they claimed to sell, and whether probate administration is involved.
What Florida Law Says
Estate real property sales in Florida often turn on whether the sale is being done by an individual heir (who can only convey whatever interest they actually own) versus the court-appointed personal representative (who may have statutory authority to sell estate property, depending on the will and the court’s involvement). If someone purports to sell more than they own, that can create a title problem and may trigger litigation to unwind or limit the transaction.
The Statute
The primary law governing a personal representative’s authority to sell estate real property is Fla. Stat. § 733.613.
This statute establishes that a personal representative may sell estate real property, but in some cases no title passes until the court authorizes or confirms the sale, while in other cases (for example, where the will grants a power of sale) the personal representative may sell without court authorization.
Why You Should Speak with an Attorney
Even when the “rule” sounds straightforward (an heir can’t sell what they don’t own), real estate contracts and probate administration create traps that can cost you leverage—or even cloud title for years. Legal outcomes often depend on:
- Strict Deadlines: A pending closing date, probate timelines, and fast-moving buyer demands can force decisions before you have full information (and mistakes can be hard to undo once documents are recorded).
- Burden of Proof: If the other heir signed a contract claiming authority, you may need evidence about title, probate status, and what the buyer was told to determine whether the deal is void, voidable, or partially enforceable.
- Exceptions and Authority Issues: If a personal representative is involved, their authority to sell can change based on the will, court orders, and the limits in Fla. Stat. § 733.613—including situations where court authorization/confirmation is required before title can pass.
Trying to “handle it yourself” can lead to signing the wrong document, losing negotiating power, or ending up in a lawsuit between heirs, the buyer, and the estate. A Florida probate attorney can quickly assess whether the contract is enforceable, what interest (if any) can be conveyed, and what court action may be needed to protect your share.
Related reading: If the real issue is that you and the other heir can’t agree on what to do with the property, you may want to review how a partition action works in Florida for co-owned or inherited property and whether you can force the sale of a co-owned house with a sibling in Florida.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
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.