The Short Answer

In Florida probate, whether you must petition the court to sell a decedent’s home depends largely on the personal representative’s authority under the will (and whether the estate is intestate). If the will does not grant a workable power of sale (or there is no will), Florida law may require a court order authorizing or confirming the sale before title can pass.

What Florida Law Says

Florida generally expects a personal representative to administer the estate efficiently and often without routine court orders, but real estate sales can be different when the will does not provide a clear power of sale (or when the estate is intestate). In those situations, the personal representative typically needs court involvement so the sale is authorized/confirmed and the transfer of title is protected.

If you want more background on when court approval is (and is not) required, see: Can a Florida Executor (Personal Representative) Sell Estate Real Estate Without Court Approval?.

The Statute

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

This statute establishes that when the estate is intestate or the will does not confer (or effectively allow) a 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 sufficient power of sale, the personal representative may be able to sell without court authorization.

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 Requirements for Court Approval: If court authorization/confirmation is required, the petition must be properly supported (for example, identifying the property and explaining why the sale is in the estate’s best interest). Errors can delay closing or derail a contract.
• Burden of Proof and Fiduciary Risk: The personal representative must act in the best interests of the estate and interested persons. Disputes over price, terms, or marketing can trigger objections and potential liability.
• Exceptions and Title Problems: Issues like unclear authority under the will, beneficiary disputes, creditor claims, or whether the property is protected homestead can change what the court will allow and what can be sold through probate.

Because a real estate sale during probate affects title, beneficiaries’ rights, and the personal representative’s fiduciary exposure, it is usually worth having a Florida probate attorney handle (or at least supervise) the petition and sale process.

If someone is trying to block the sale (or you want to challenge it), see: 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.