The Short Answer

In Florida, a person generally cannot validly sell (or claim authority to sell) estate real property unless the personal representative has the legal power to do so under the will or the probate court’s authorization. If someone is falsely claiming you authorized a sale, it can create an immediate risk of a clouded title, a rushed closing, and costly litigation—so you should speak with a Florida probate attorney quickly to protect the estate and your rights.

What Florida Law Says

In probate, the key question is who has authority to transfer estate real estate and under what conditions. Florida law gives the personal representative certain powers, but real-property sales can require court involvement unless the will grants a power of sale. If a third party is claiming you “authorized” a sale when you did not (or when you lacked authority), that claim may be legally meaningless—but it can still trigger real-world harm if a deed is recorded or a buyer/lender proceeds.

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 when a will does not confer a workable power of sale (or in certain intestate situations), the personal representative may sell real property, but “[n]o title shall pass until the court authorizes or confirms the sale”; and when the will does confer a power of sale, the personal representative may be able to sell without court authorization.

If the issue is not just a “claim,” but a fraudulent attempted conveyance (for example, a deed is recorded based on false authority), Florida also provides a specific quiet-title remedy for fraudulent attempted conveyances. See Fla. Stat. § 65.091.

Why You Should Speak with an Attorney

Even when the law is clear that only the proper fiduciary (and sometimes the court) can pass title, these situations become complicated fast because the damage often happens before anyone gets a hearing. Legal outcomes often depend on:

• Strict Deadlines: If a closing is scheduled or a deed has been recorded, timing can control what emergency relief is available and how quickly title can be cleared.
• Burden of Proof: You may need evidence showing who the personal representative is, what the will authorizes, whether court authorization was required, and what representations were made to a buyer, title company, or lender.
• Exceptions and Buyer Protections: Florida probate sales can involve issues like whether the will granted a power of sale, whether court confirmation was required, and whether a third party claims to be a good-faith purchaser—issues that can drastically change strategy and risk.

Trying to handle this alone can lead to irreversible title problems, missed opportunities to stop a transfer, or an avoidable dispute between beneficiaries and the personal representative. A Florida probate attorney can quickly assess authority under the will and probate file, communicate with the title company/closing agent, and pursue the right court remedy if a fraudulent conveyance is underway or has already occurred.

If you want more background on related issues, you may find these helpful: Can a Florida Executor (Personal Representative) Sell Estate Real Estate Without Court Approval? and Can I Stop a Personal Representative From Selling Estate Property 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.