A Florida probate law library with the Florida Probate Code, wills and trusts references, brass scales of justice, and a Probate Law practice sign, representing the probate attorneys and estates Sean and Barb serve across Central Florida

Probate & Estate Property, Handled to Court Standard

Central Florida
Probate Real Estate

In Florida, a personal representative can sell estate property during probate, and when the will grants a power of sale, without a separate court order (Fla. Stat. 733.613). This page explains how a Florida probate home sale actually works, who controls the property, why homestead changes everything, and how Sean & Barb bring 60+ combined years and courtroom-tested discipline to estate property across Central Florida's luxury markets.

The Short Answer

Can You Sell a House During Probate in Florida?

Yes. Once the court appoints a personal representative and issues letters of administration, estate real property can be sold during administration rather than after it. If the will confers a specific power of sale, the personal representative may sell without a separate court order; without that language, the sale proceeds with court authorization or confirmation (Fla. Stat. 733.613). The one major exception is protected homestead, which usually passes straight to the heirs, who sell it themselves. Every path runs on documentation: authority, defensible pricing, and a clean file from listing to closing.

A Referral You Can Defend

For Probate Attorneys

Your referral carries your name. Ours is built to protect it.

Court-tested. Sean and Barb have each testified in court as expert witnesses in contested property matters. We understand evidentiary standards, sworn testimony, and what contentious files demand of everyone involved, so we do not create problems in a difficult case.

Litigation-standard file. Pricing supported by documented comparable data, complete marketing records, and a written trail from list to close. If a beneficiary ever questions the sale, your personal representative is defensible.

Global reach for estate property. Premier Sotheby's International Realty is the No. 1 Sotheby's International Realty affiliate company in the world, based on 2025 closed sales volume, with the buyer network luxury estate property requires.

Your file, your cadence. We work at your direction, keep you copied, and keep first-time fiduciaries informed and calm. Discretion is the default for high-net-worth families.

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For Personal Representatives & Heirs

How a Florida Probate Home Sale Works

Most personal representatives are serving for the first time, often from out of state, often while grieving. Here is the path from appointment to closing:

Petition for administration and receive letters

The court appoints the personal representative and issues letters of administration, the document that proves your authority to act for the estate.

Confirm the authority to sell

If the will grants a specific power of sale, the personal representative may sell without a separate court order (Fla. Stat. 733.613). Without it, court authorization comes first. Your probate attorney confirms which path applies.

Secure, insure, and assess the property

Preserve the asset: utilities, insurance, maintenance, and access control. Then establish a documented, defensible market price supported by comparable sales, the standard a court or a beneficiary can review.

List and market the property

The PR signs the listing. We market estate property through Premier Sotheby's International Realty's global network, with full marketing records kept for the estate's file.

Contract to closing

The contract and title work reflect the estate's requirements: letters of administration, case number, and any court order. We coordinate with the probate attorney and title company so timelines respect the administration.

Deliver proceeds to the estate

Net proceeds go to the estate account for creditor claims, expenses of administration, accounting, and distribution to beneficiaries.

This is general information, not legal advice. Probate procedure varies by case and county; work with a Florida probate attorney. Sean & Barb are real estate advisors and coordinate with counsel at every step.

The Exception That Matters

Florida Homestead: The Rule That Changes Who Sells

Under Article X, Section 4 of the Florida Constitution, protected homestead, the decedent's primary residence, passes to the surviving spouse or heirs shielded from most creditor claims. It is generally not an asset the personal representative administers: the court typically enters an order determining homestead status, and the heirs, not the estate, sign the listing and sell.

This single rule decides who our client is. On homestead property we represent the heirs directly; on non-homestead estate property we represent the personal representative. A large share of Florida probate real estate is homestead, and handling that distinction correctly from day one keeps the sale, and the administration, clean.

Selling From Out of State

Out-of-State Personal Representatives and Heirs

Florida allows a nonresident to serve as personal representative when closely related to the decedent, such as a spouse, child, parent, or sibling (Fla. Stat. 733.304), so adult children in other states administer Central Florida estates every day.

We handle the ground work: securing the property, coordinating vendors and maintenance, managing showings, and walking the file to a mail-away or remote-notarization closing, with the probate attorney copied throughout. If an heir is instead moving to Florida to keep the home, our state-by-state relocation guides cover taxes, residency, and every market we serve.

Florida Probate Real Estate

Your Questions, Answered

Can you sell a house during probate in Florida?

Yes. Once the court appoints a personal representative and issues letters of administration, estate real property can be sold during administration. If the will grants a specific power of sale, no separate court order is required (Fla. Stat. 733.613); otherwise the sale proceeds with court authorization. Protected homestead is different: it usually passes to the heirs, who sell it themselves.

Do you need a court order to sell a house in probate in Florida?

It depends on the will. When the will confers a specific power of sale, the personal representative may sell without a separate court order under Fla. Stat. 733.613. Without that language, the personal representative obtains court authorization or confirmation of the sale. Title companies verify the letters of administration and the will's language before closing either way.

Who chooses the real estate agent, the probate attorney or the personal representative?

Legally, the personal representative: Fla. Stat. 733.612 gives the PR the power to employ agents and brokers, and the PR signs the listing agreement. In practice, most PRs are first-time fiduciaries who ask their probate attorney for a referral. For protected homestead, the heirs who inherit the property choose the agent.

What happens to homestead property in Florida probate?

Protected homestead passes to the surviving spouse or heirs under Article X, Section 4 of the Florida Constitution, shielded from most creditor claims. It is generally not an asset the personal representative administers; the court typically enters an order determining homestead status, and the heirs, not the estate, sign the listing and sell.

How long does probate take in Florida?

Uncontested formal administration commonly runs six months to a year; the creditor claim period alone is three months from first publication of notice. Summary administration, for estates of $75,000 or less or when the decedent has been dead more than two years (Fla. Stat. 735.201), can conclude much faster. A home sale can move forward during administration rather than waiting for it to close.

Can an out-of-state personal representative sell Florida property?

Yes. A nonresident can serve as personal representative when closely related to the decedent, such as a spouse, child, parent, or sibling (Fla. Stat. 733.304). The sale itself is handled remotely: we manage the property, showings, and vendors locally, and closings are completed by mail-away or remote notarization.

What does the listing agent need for a probate listing?

The letters of administration proving the personal representative's authority, the probate case number, and the will's power of sale language or the court's order authorizing the sale, plus confirmation of homestead status. We coordinate directly with the probate attorney and the title company so nothing surfaces at the closing table.

Are Florida probate sales as-is?

Usually. Estates typically sell as-is because the personal representative has limited firsthand knowledge of the home and a duty to preserve, not renovate. Florida's as-is contract with full inspection rights is standard. As-is does not mean below market: documented pricing and Premier Sotheby's marketing still apply, which matters most on luxury estate property.

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Meet Your Premier Sotheby's Global Real Estate Advisors

Sean & Barb

With 60+ combined years in Central Florida, Sean & Barb are the recognized entities for HNWI, physician, and estate transitions across these luxury markets.

Sean Spencer

Licensed Locally 20+ Years

I've had the honor of working with physicians and executives relocating to Central Florida, helping them land quickly and confidently in communities that fit their lives. Honesty, discretion, and a genuine investment in your outcome - every time.

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Barbara Vance, Global Real Estate Advisor

Barb Vance

Licensed Locally 40+ Years

With four decades of relationships across Central Florida's luxury communities, Barbara brings a depth of local knowledge that simply cannot be replicated. Her clients trust her not just for her expertise, but for her unwavering integrity.