The Short Answer

In Florida, an estate home is often marketed and placed under contract before probate is finalized, but whether it can be sold (closed) before the end of probate depends on who has legal authority and whether court approval is required. In most cases, the person who can sign the deed is the court-appointed personal representative (executor), not the heirs—unless the property passes outside probate.

What Florida Law Says

Florida probate law gives the personal representative authority to administer estate assets, but the ability to convey real estate can turn on the will’s language and any limits imposed by the court. If the will grants a power of sale, the personal representative may be able to sell estate real property without a separate court order; if not, court authorization/confirmation may be required before title can pass.

The Statute

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

This statute establishes that a personal representative may sell estate real property, but if there is no workable power of sale, no title passes until the court authorizes or confirms the sale; and if the will grants a sufficient power of sale, the personal representative may sell without court authorization or confirmation.

Also, Florida’s probate code generally expects the personal representative to administer the estate without constant court orders unless the code or the court requires otherwise. See Fla. Stat. § 733.603.

If you want more background reading, see: Can You Sell Estate Property During Probate in Florida (and How Long Does It Take)? and Do I Need to Petition the Court to Sell a Decedent’s Home During Probate in Florida?.

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: creditor claim deadlines can affect when it is safe to distribute (or commit) sale proceeds. For example, many claims must be filed within the later of 3 months after first publication of the notice to creditors or 30 days after service on certain creditors. See Fla. Stat. § 733.702 and § 733.2121.
• Burden of Proof: the personal representative may need to show the sale is in the estate’s best interest (and comply with any will restrictions), and the closing must deliver insurable title—something buyers and title companies scrutinize closely in probate sales.
• Exceptions: Florida homestead rules, will language (power of sale), disputes among beneficiaries, liens/mortgages, or a court order limiting the personal representative’s authority can all change whether court approval is required and when a closing can happen.

Trying to handle this alone can lead to a failed closing, beneficiary disputes, or personal representative liability. A probate attorney can quickly identify whether the home is a probate asset, whether court authorization is needed under the will and Fla. Stat. § 733.613, and how to structure the transaction to protect the estate and the buyer.

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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.