The Short Answer

In Florida probate, estate property can often be sold during administration, but the rules depend heavily on whether the personal representative has a valid power of sale under the will (or other authority). If the power of sale is limited or missing, a sale of real estate typically requires court authorization or confirmation before title can pass.

What Florida Law Says

Florida generally expects a personal representative to move the estate forward efficiently, but selling estate real estate is not “one-size-fits-all.” The key legal question is whether the will grants a power of sale (allowing a sale without a separate court order) or whether the personal representative must seek court involvement before the sale is effective. Timing also matters because creditor issues and objections can affect whether selling now is prudent, and how sale proceeds must be handled.

The Statute

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

This statute establishes that if the will does not confer a workable power of sale, the personal representative may sell real property, but no title passes until the court authorizes or confirms the sale; by contrast, when the will grants a general or specific power of sale, the personal representative may sell (or mortgage/lease) real property without court authorization or confirmation.

Florida law also directs the personal representative to proceed expeditiously in settling the estate, generally without needing court orders unless the Probate Code or the court requires it. See Fla. Stat. § 733.603.

Why You Should Speak with an Attorney

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

• Strict Deadlines: Probate sales often intersect with creditor administration timelines (including the period when claims may be filed and when the estate may or may not be compelled to pay certain debts). Selling too early—or distributing proceeds too early—can create avoidable risk if claims or objections arise.
• Burden of Proof: If court authorization/confirmation is required, the personal representative may need to show the sale is in the estate’s best interests and that required notice and approvals are handled correctly—especially if beneficiaries disagree on price, terms, or timing.
• Exceptions and Deal-Killers: Conflict-of-interest transactions can be challenged and potentially unwound unless properly authorized or approved after notice. See Fla. Stat. § 733.610.

Because a real estate sale is often the estate’s largest transaction, mistakes can lead to delays, beneficiary litigation, or a buyer walking away. A Florida probate attorney can evaluate whether court approval is required, reduce the risk of objections, and help ensure the sale and proceeds are handled in a way that protects the personal representative.

If you want more background reading, these may help: Can a Florida executor sell estate real estate without court approval? and How creditor claims work in a Florida estate.

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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.