The Short Answer

In Florida, you typically verify whether a “valid lien” will affect a probate sale by confirming what is actually recorded against the property (through the title search/commitment) and separating recorded property liens (like mortgages) from unsecured estate claims (like many credit-card and funeral bills). Importantly, most creditors cannot simply levy on probate property without court approval, but existing mortgages and recorded liens can still be enforced and must be addressed at closing.

What Florida Law Says

In an estate administration, there is a key distinction between (1) a creditor’s claim against the estate (which may be paid from estate assets through probate) and (2) a lien encumbering specific real property (which can follow the property and must be cleared or satisfied for marketable title). Florida law generally restricts executions/levies against estate property during administration unless the probate court approves it, but it does not stop enforcement of mortgages, security interests, or liens that already encumber the specific property.

The Statute

The primary law governing this issue is Fla. Stat. § 733.706.

This statute establishes that, absent court approval, no execution or similar process may be levied against estate property during administration, while clarifying that mortgages, security interests, and liens encumbering specific property may still be enforced.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple—especially when co-personal representatives disagree, documents are being withheld, and a closing date (and move-out requirement) is approaching. Legal outcomes often depend on:

• Strict Deadlines: Probate and closing timelines can collide—if a lien payoff, creditor dispute, or court approval issue isn’t resolved in time, the sale (and your housing plan) can be jeopardized.
• Burden of Proof: If someone claims there is a “lien” for funeral or credit-card debt, the key question is whether it is actually a recorded lien against the real estate (or merely an unsecured claim). Proving what attaches to the property versus what is payable from the estate can require probate filings, payoff statements, and title evidence.
• Exceptions: Even when executions are restricted under Fla. Stat. § 733.706, recorded mortgages and other property-specific liens can still affect title and closing. Also, if the property may qualify as protected homestead, different rules can apply to creditor reach and administration, and disputes often require court involvement.

In a contested administration like yours—where one co-personal representative is disputing the deal terms and withholding estate paperwork—an attorney can coordinate with the title company, confirm what is actually encumbering the property, and (when needed) seek probate-court direction so the closing is not derailed.

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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.