Short answer

If the will may be outdated, you must first confirm which testamentary document (if any) controls and then open the appropriate type of probate administration (formal or summary) in the county where the decedent lived. The court will appoint a personal representative and issue Letters that prove authority. Whether the personal representative can sell real property without further court approval depends on the will, statutory authority, title type (e.g., joint tenancy or tenancy by the entirety), and homestead rules. When in doubt, petition the probate court for an order authorizing the sale.

Detailed answer — step-by-step under Florida law

1. Identify the controlling testamentary document

Find the original will and any codicils. Florida recognizes later wills or codicils that properly comply with execution formalities. Look for evidence of revocation (a later will, physical destruction of the earlier will, a signed written revocation, or other controlling instrument). If there is no valid later will, the old will controls unless intervening events (such as marriage, divorce, or births) change how Florida law distributes the estate. For how intestate and pretermitted heir rules work, see Florida’s statutes on intestate succession and related probate rules in Chapter 732 and Chapter 733 of the Florida Statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html and https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html.

2. Choose and open the correct probate procedure

Under Florida law the main options are:

• Formal administration — used for larger or contested estates and when full court supervision is needed.
• Summary administration — allowed when the estate’s assets subject to administration are small (statutory threshold) or the decedent has been dead for more than two years (see Chapter 735 for the thresholds and details): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html.
• Disposition without administration — for certain situations where assets pass by affidavit without opening a probate estate.

Filing begins in the circuit court in the county where the decedent was domiciled. The clerk’s office or a probate attorney can help choose the correct filing and prepare the petition.

3. Appointment and proof of authority

When the court appoints a personal representative (executor or administrator), it issues Letters Testamentary or Letters of Administration. These certified Letters are the formal proof of the representative’s authority to act for the estate. The personal representative should obtain certified copies to present to title companies, banks, and buyers.

4. Determine whether you need a court order to sell real property

Whether a sale requires a separate court order depends on several factors:

• If the will expressly grants the personal representative power to sell real property, that grant plus the Letters may allow a sale without further court action (but a title company may still insist on a court order in some situations).
• If the will does not grant specific power, Florida’s probate statutes give certain general powers to personal representatives, but many title companies and buyers require a court order approving the sale to ensure marketable title. See Chapter 733 for the personal representative’s powers: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html.
• If the property is homestead, tenancy by the entirety, jointly owned, or otherwise not solely owned by the decedent, special rules apply that may prevent sale or require the consent of a surviving spouse or co-owner. Homestead property in Florida receives special constitutional and statutory protections (Florida Constitution, Article X, Section 4). For the Constitution see: https://www.flsenate.gov/Laws/Constitution.

5. If necessary, seek court approval to sell

When a court order is required (for example, to clear title concerns, to sell homestead property where appropriate consent is lacking, or when the sale is opposed), the personal representative files a petition to sell property. The petition should describe the property, explain why the sale is necessary or beneficial (pay debts, expenses, to effect distribution), show fair market value or an appraisal, and provide notice to interested parties and creditors. After notice and a hearing, the court can enter an order authorizing the sale and approving the terms. The order is typically sufficient for a title company to insure and for a buyer to close.

6. Clear liens, pay claims, and close

Before or at closing, the personal representative must address mortgages, tax liens, and valid creditor claims. The estate’s inventory and creditor claim process during administration governs payment priority. Distribution to beneficiaries typically cannot proceed until valid debts and expenses are satisfied, unless the court orders otherwise.

7. Practical timing and costs

Probate timelines vary. Summary administration is faster and less costly than formal administration. Court-authorized sales add time for notice periods and hearings. Expect probate fees, attorney and personal representative fees, appraisal and title costs, and potential litigation expenses if disputes arise.

Common scenarios and how they are handled

Scenario A — Old will names a now-deceased beneficiary or ex-spouse

If the named beneficiary predeceased the decedent or was later divorced from the decedent, those changes can affect who inherits. The court will analyze whether the will’s provisions remain valid or whether Florida’s intestacy or pretermitted heir rules apply. The probate filing and appointment stage addresses these questions through pleadings and notice to interested persons (see Chapters 732 and 733: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html).

Scenario B — Property is the decedent’s homestead

Florida treats homestead land and dwelling with strong protection. If a surviving spouse or minor child exists, the decedent’s ability to devise homestead property may be restricted or nullified. Selling homestead may require the spouse’s consent or court proceedings. Consult the Florida Constitution and probate counsel when homestead is involved: https://www.flsenate.gov/Laws/Constitution.

Scenario C — Property titled jointly or in a trust

Jointly owned property (joint tenancy with right of survivorship or tenancy by the entirety) usually passes to the surviving joint owner outside probate and does not need sale authority from the court. Similarly, property held in a properly funded trust bypasses probate. Check title documents and trust instruments carefully before commencing probate or selling.

Helpful hints

• Always start by locating the original will and any codicils. The original is needed for formal probate.
• Obtain certified Letters from the court before attempting to sell. Title companies usually require certified Letters and sometimes a court order.
• If the estate appears small or the decedent died over two years ago, consider summary administration under Chapter 735: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html.
• Check title for joint ownership, tenancy by the entirety, or trust ownership before assuming property is probate estate property.
• Watch for homestead issues. If homestead may apply, get legal advice early—these rules are strict and can defeat attempted sales or devises.
• Communicate early with potential heirs and creditors. Clear communication can prevent contested hearings and delays.
• Get a title search and an appraisal before petitioning to sell. Those items make court approval and closing smoother.
• Use a probate attorney for contested or complex estates. Attorneys can prepare petitions, handle notice, and represent the estate at hearings.
• Keep careful records. Personal representatives must account for receipts, disbursements, and distributions to the court and beneficiaries.