The Short Answer

In Florida, what people often call a “letter of testamentary” is typically the court-issued document (commonly called Letters of Administration) that proves you have been appointed as the estate’s personal representative and have legal authority to act for the estate. You usually need it when a bank, title company, buyer, or brokerage requires proof that you can sell, transfer, or access estate assets.

What Florida Law Says

Florida probate law gives the personal representative broad authority to manage and liquidate estate assets, but the scope of that authority can depend on the will, the type of asset (especially real estate), and whether court approval is required in your situation. Practically, third parties (like financial institutions and closing agents) almost always want to see current, certified “letters” before they will release funds or close a sale.

If you’re trying to sell estate property, it’s also important to know that Florida law treats real property differently than many other assets. A personal representative may have authority to sell without court approval if the will grants a power of sale, but in other situations a court order/confirmation may be required.

The Statute

The primary law governing a personal representative’s authority to sell estate assets is Fla. Stat. § 733.612.

This statute establishes that, unless the will or a court order limits the authority, a personal representative may complete many transactions without a court order, including selling or leasing personal property and executing instruments needed to exercise estate powers.

For real estate sales, Florida also specifically addresses when court authorization/confirmation is required versus when a will’s power of sale allows a sale without court involvement. See Fla. Stat. § 733.613.

If you want more context on real estate sales during probate, you may find this helpful: Can a Florida Executor (Personal Representative) Sell Estate Real Estate Without Court Approval?

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 administration moves on court timelines and creditor-claim timelines; selling too early (or distributing proceeds too early) can create personal liability issues for the personal representative.
• Burden of Proof: Title companies and banks may require certified letters, specific probate orders, and proof of authority under the will before they will transfer or insure title.
• Exceptions: Real estate sales can require court authorization/confirmation depending on whether the will grants a power of sale and other limitations. See Fla. Stat. § 733.613.

Trying to handle an asset sale without the right authority document (or with the wrong type of probate administration) can delay the closing, trigger disputes among beneficiaries, or expose the personal representative to claims.

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.

Find a Florida Attorney Now

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.