Understanding How Sale Proceeds from a Florida Residence Are Distributed

This FAQ-style guide explains how sale proceeds from a deceased parent’s house are handled in Florida and how you can find out exactly where the money will go. It explains who controls the sale, what claims and costs are paid first, and the records you can review to trace each dollar. This is general information and not legal advice. For advice about a specific situation, consult a licensed Florida attorney.

Detailed answer: who controls the proceeds and the typical distribution order

When a house owned by a deceased person is sold, the route the sale proceeds take depends on how the property was titled and whether the estate enters probate or is administered through a trust. Here are the main possibilities and what they mean for the proceeds:

Joint ownership with right of survivorship (e.g., joint tenants or tenants by the entirety). If the house passed automatically to a surviving co-owner on death, the house did not become part of the probate estate. Proceeds from a sale after the survivor’s title becomes sole belong to the survivor unless there is evidence otherwise.
Title held in a revocable trust. If the house was owned by a living trust, the successor trustee controls sale and distribution under the trust terms. Proceeds are distributed according to the trust document, not by probate rules.
Sole ownership by the decedent (probate estate). If the house was in the decedent’s name alone, the property likely becomes part of the probate estate. The personal representative (executor) manages sale and distribution subject to Florida probate law (the rules in Chapter 733 and related probate statutes).

When property is sold as part of probate administration, the typical flow of funds is:

Sale closing statement (often prepared by the title company or closing agent) records the gross sale price and immediate payoffs: recorded mortgages, recorded liens, and any property taxes or assessments required to be paid at closing.
Remaining proceeds held by the closing agent or deposited into the estate account controlled by the personal representative.
From the estate account the personal representative pays estate administration costs: funeral expenses, reasonable attorney fees and personal representative fees (subject to court approval if required), and validated creditor claims.
Any estate or income taxes and final bills are paid.
After those priorities, the net remainder is distributed according to the decedent’s will. If there is no valid will, Florida’s intestacy rules determine distribution (see Chapter 732, Florida Statutes).

Florida’s probate laws govern many of these steps. The rules for estate administration and duties of the personal representative are in Chapter 733 of the Florida Statutes, and intestate distribution rules are in Chapter 732. See Florida Statutes, Ch. 733 (Administration of Estates): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html, and Ch. 732 (Decedents’ Estates; intestate succession): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html.

Concrete steps you can take to find exactly where the proceeds will go

Follow these steps to trace sale proceeds and get a line-by-line explanation of how they will be used or have been used:

Check how the property was titled. Search the county public records (county property appraiser and county clerk/recorder) for the deed. The deed will show whether the property passed by survivorship, to a trust, or solely in your parent’s name. If you don’t know the county, the county property appraiser website for the county where the house sits will have records online.
Locate a will or trust document. Ask family members, the decedent’s attorney, or search the probate court records in the county where the decedent lived. If a will was filed, that court file will show whether someone was appointed personal representative and whether probate is open.
Identify the personal representative or trustee and the closing agent. The personal representative (sometimes called an executor) or the trustee handles sale and distribution. The closing agent or title company will prepare the closing statement (settlement statement/Closing Disclosure/HUD-1). Ask for copies of these documents.
Request the closing/settlement statement and pay-off statements. The closing statement shows the gross sale price, line-item costs (payoff of mortgages, recorded liens, brokerage fees, title charges), and the net proceeds. Mortgage and lien payoffs are often supported by payoff letters or estoppels from the lienholder—request those too.
Review the estate inventory and accountings filed in probate. If the sale is part of probate, the personal representative must file an inventory and may be required to file periodic or final accountings showing receipts and disbursements. These filings and any court orders approving distributions tell you exactly how the funds were allocated. You can obtain copies from the clerk of the probate court where the estate is administered.
Check recorded documents and liens after closing. The county clerk’s official records will show lien satisfactions or releases recorded after closing. These confirm that lienholders were paid.
If you are a beneficiary, request an accounting in writing. Florida law gives interested persons the right to request information about estate administration. If you do not receive a timely or complete accounting, you can compel one through a petition to the probate court under Chapter 733.
If funds are held in escrow or trust pending administration, confirm the holder and ask for an escrow accounting. Funds might sit temporarily with the title company, an attorney, or in the estate bank account. The closing statement, title company, or personal representative should identify where and how the money is being held.

What priorities typically get paid before beneficiaries receive anything

Below is the usual priority order for payments from estate proceeds in Florida. The exact order may vary with facts and court orders, but this list shows common priorities:

Liens shown on title and recorded mortgages (paid at closing or from proceeds)
Property taxes and assessments required to be paid at closing
Valid funeral and last illness expenses
Reasonable costs of administration (court costs, probate bond, publication)
Reasonable attorney fees and personal representative compensation (often subject to court review and approval)
Creditor claims that are timely filed and allowed
Taxes due by the decedent or the estate (federal and state)
Distribution to beneficiaries under the will or, if no will, under Florida’s intestacy rules (Ch. 732)

If you cannot get answers or suspect improper handling

If the personal representative will not provide documents, or if documents show unexplained or suspicious disbursements, you have options:

Request a formal accounting from the personal representative in writing.
File a motion with the probate court asking the court to order the accounting and to review the personal representative’s actions.
If you believe the personal representative has misappropriated funds, you may ask the court to remove the personal representative and seek restitution.

These matters involve court procedures and deadlines, so act promptly.

Practical checklist: documents to obtain

Copy of the deed and title history (county property records)
Copy of the decedent’s will and any trust documents
Order appointing the personal representative (from probate court)
Closing/settlement statement from the sale
Mortgage payoff statements and lien satisfaction documents
Estate inventory and filed accountings (probate court records)
Final distribution order or court approval of final accounting

How long will it take to get a full accounting?

Timing varies. If the property passed outside probate (joint title or trust), you can usually see the closing statement and get answers quickly. If the sale is part of probate, the process can take weeks to months because of creditor notice periods, claim deadlines, and court scheduling. Final distributions may wait until after the statutory claim period ends unless the court approves earlier partial distributions.

Where to look for the official records

– County property appraiser or county clerk/recorder websites for deeds and lien records.
– The clerk of the circuit court in the county where the decedent lived for probate files and filings.
– The title company or closing agent for the closing statement and escrow details.

For Florida probate law and the personal representative’s duties, see Chapter 733, Florida Statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html. For rules on intestate succession and distribution without a will, see Chapter 732, Florida Statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html.

Helpful Hints

Start by checking the deed and county property records—title tells you a lot.
Ask for the closing statement first; it shows direct payoffs and net proceeds.
Get copies of any probate filings (order appointing personal representative, inventory, accountings).
Keep written requests and proof of delivery when you ask the personal representative for records.
If you are a named beneficiary or heir, politely but firmly assert your right to information; the law protects interested persons.
If the personal representative is uncooperative or the filings look wrong, talk to a Florida probate attorney as soon as possible—there are deadlines for filing objections and claims.
Be aware that some costs (attorney fees, taxes) require court approval before payment; the court file will show those approvals.

Disclaimer: This article provides general information about Florida procedures and statutes and does not create an attorney-client relationship. It is not legal advice. For advice tailored to your situation, consult a licensed Florida attorney who practices in probate or estate administration.