The Short Answer

In Florida, a personal representative (sometimes called an “administrator”) often has authority to sell estate property during probate, and in some situations they can sell real estate without prior court approval. That said, whether a sale can go forward depends heavily on the will’s language (power of sale), the type of property, and whether the sale is in the estate’s best interest or involves a conflict of interest.

If you believe a sale is improper or rushed, you may be able to ask the probate court to intervene and restrict or unwind the transaction—but timing is critical because sales to good-faith purchasers can be difficult to undo.

What Florida Law Says

Florida probate administration is designed to move efficiently, and the personal representative generally acts without needing a court order for every step. That means a personal representative may attempt to market or sell assets before the estate is “finished,” especially if the sale is needed to pay expenses, claims, or to carry out the plan of distribution.

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, and whether court approval is required depends largely on whether the will grants a power of sale; if court authorization/confirmation is required, “no title shall pass until the court authorizes or confirms the sale,” but if the will grants a general power of sale, the personal representative may be able to sell without court authorization.

Also relevant is Fla. Stat. § 733.603, which explains that the personal representative generally proceeds without court order unless the Probate Code or the court requires otherwise.

Why You Should Speak with an Attorney

While the statutes provide the general framework, stopping (or challenging) a sale is fact-specific and often urgent. Legal outcomes often depend on:

• Power of Sale vs. Court Approval: Under Fla. Stat. § 733.613, the will’s wording can determine whether the personal representative can sell without court authorization—this is often the first (and most decisive) legal issue.
• Conflicts of Interest: If the sale is to the personal representative, their spouse, agent, attorney, or a related entity—or otherwise affected by a conflict—Florida law can make the transaction voidable unless properly authorized or approved after notice. See Fla. Stat. § 733.610.
• Speed and Irreversible Consequences: Once an asset is sold to a bona fide purchaser, unwinding the deal can be extremely difficult. The earlier an attorney gets involved, the more options you may have to protect the estate and your interest.

Because the probate court’s ability to intervene often turns on the will, the estate’s liquidity needs, creditor issues, and the proposed buyer/terms, it is risky to try to “handle it yourself” through informal objections. If you suspect the sale is unnecessary, undervalued, or self-dealing, an attorney can evaluate whether court intervention is appropriate and how to position your objections to protect your rights.

If you want more background on how these sales work, you may find these helpful: Can a Florida Executor (Personal Representative) Sell Estate Real Estate Without Court Approval? and What Are an Executor’s Responsibilities During Probate 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.