Selling Estate Real Estate During Florida Probate: A Boca Raton Attorney’s Guide

Selling estate real estate during Florida probate means transferring title to a deceased owner’s property through a court-supervised process, because a dead person cannot sign a deed and their heirs do not automatically have authority to sell. In most cases, the personal representative appointed by the probate court signs the deed under powers granted by the will or by Florida Statutes Chapter 733 — and in smaller estates, a streamlined summary administration order can clear title without a full formal proceeding. Until that authority is in place, a buyer’s title company will refuse to insure the sale.

I practice probate in Boca Raton, and few questions come up more often than this one: Mom passed away, the house is in her name alone, and we have a buyer — can we just close? The honest answer is “not yet, but probably sooner than you fear.” What follows is how Florida actually handles the sale of a decedent’s real estate, with the small-estate shortcuts that often apply in Palm Beach County.

Why You Cannot Simply Sell a Deceased Owner’s House

When a Florida resident dies owning real property in their sole name, legal title does not evaporate — it passes to the heirs or devisees at the moment of death, but subject to the administration of the estate and the claims of creditors. That last clause is the catch. A title underwriter will not insure marketable title until it is satisfied that creditors have been addressed and that the person signing the deed had the legal authority to do so.

There are a few common situations where probate is not required to sell:

• Property held as joint tenants with right of survivorship or as tenants by the entireties. Title passes automatically to the surviving co-owner; a certified death certificate recorded in the public records usually clears it.
• Property in a revocable living trust. The successor trustee sells under the trust instrument, no court needed.
• Property subject to a recorded enhanced life estate (“Lady Bird”) deed. The named remainderman takes title outside probate.

If none of those apply — the deed says only the decedent’s name — you are headed to probate court to establish who can sign.

Who Has Authority to Sign the Deed

The person with selling authority is the personal representative (Florida’s term for executor or administrator), once the court issues Letters of Administration. Heirs, even the only child, have no standing to convey the property until a representative is appointed. The source of the representative’s power to sell depends on what the will says.

Power of Sale in the Will

If the will grants the personal representative a power of sale, or directs that real property be sold, the representative may generally sell without a separate court order. Florida Statutes § 733.613(1) addresses this: when the will confers the power, the representative acts under that authority. Title companies still want to see the appointment and the will, but the path is shorter.

No Power of Sale — Court Authorization

When the will is silent, or there is no will at all (intestacy), the representative must obtain court authorization to sell. Under § 733.613(2), a personal representative selling real property that has descended to the heirs needs an order of the court, with notice to interested persons, unless every interested person joins in the deed. In practice we often petition the court for authority and serve the beneficiaries, which both protects the sale and gives the buyer’s title company the comfort it requires.

The Small-Estate Shortcut: Summary Administration

This is where Boca Raton families catch a break more often than they expect. Florida offers summary administration under Florida Statutes § 735.201 when either (1) the value of the entire estate subject to administration, excluding the protected homestead, does not exceed $75,000, or (2) the decedent has been dead for more than two years. The two-year prong matters enormously for inherited real estate — a long-vacant house owned by someone who died years ago almost always qualifies regardless of value.

Summary administration does not appoint a personal representative. Instead, the petition asks the court to enter an Order of Summary Administration that directly distributes the property to the people entitled to it. Once that order is recorded, the new owners hold marketable title and can sell on the open market like any other seller. The advantages:

1. Speed. No appointment, no inventory, no accounting — often a matter of weeks rather than months.
2. Lower cost. Far fewer attorney hours and court filings than formal administration.
3. Clean chain of title. The recorded order itself becomes the conveyancing document the title examiner relies on.

The trade-off is that creditors are not formally cut off the same way a published notice to creditors operates in formal administration, so petitioners can remain liable to creditors for two years after death (up to the value received). For an estate where the house has sat for three years and there are no debts, that risk is theoretical. For a recent death with unpaid medical bills, formal administration is often the safer route. We assess this case by case.

Homestead: The Issue Everyone Underestimates

Florida’s constitutional homestead protection is a blessing for living owners and a complication after death. If the Boca Raton home was the decedent’s primary residence and they were survived by a spouse or minor child, the homestead is not a probate asset that the personal representative can freely sell. It passes outside the estate to the constitutionally protected heirs under Article X, Section 4 of the Florida Constitution and § 732.401.

This matters for two reasons. First, homestead value is excluded from the $75,000 summary-administration threshold, which is why many homes qualify for the streamlined process even when they are worth far more. Second, before you can sell, the court frequently needs to enter an order determining homestead status and identifying exactly who inherited it — especially when a surviving spouse and children from a prior marriage are involved, since the spouse takes a life estate or, by election, a one-half tenancy in common. Skip this step and you will close, only to have the title company’s underwriter unwind the deal. Sorting out homestead early is the single biggest favor you can do yourself. If you are also reviewing how the property was titled or whether a will controls, do it before you list.

Creditors, Liens, and the Sale Proceeds

Even after you have authority to sign, the property may carry baggage. Before closing, you and your attorney should run down:

• Mortgages and HELOCs — paid from proceeds at closing like any sale.
• Property tax and code-enforcement liens — common on vacant inherited homes in Palm Beach County.
• Medicaid estate recovery — if the decedent received long-term-care Medicaid, the Agency for Health Care Administration may have a claim against the estate.
• Filed creditor claims — in formal administration, valid claims are paid before beneficiaries see a dime.

In a formal administration, sale proceeds typically flow into the estate account, claims and costs are paid, and the remainder is distributed under the will or intestacy statute. In summary administration, the order directs distribution, and the new owners handle the sale and proceeds directly. Either way, do not promise heirs a number until liens are run.

Step-by-Step: Selling Probate Real Estate in Florida

1. Confirm how title was held. Pull the deed. Joint title or a trust may take you out of probate entirely.
2. Choose the right proceeding. Summary administration if the estate qualifies; formal administration if not, or if creditor cutoff matters.
3. Establish authority. Obtain Letters of Administration (formal) or an Order of Summary Administration.
4. Resolve homestead. Get a determination of homestead and the identity of the protected heirs where applicable.
5. Get authority to sell, if needed. Petition for a court order under § 733.613 when the will lacks a power of sale or the property has descended to heirs.
6. List, contract, and close. The representative (or new owners) signs the deed; the title company relies on the recorded court documents.
7. Distribute proceeds. Pay liens and claims, then distribute the balance.

When Heirs Disagree

Not every estate is harmonious. One sibling wants to sell, another wants to keep the house, a stepparent claims a homestead life estate. When co-owners cannot agree, the remedy is often a partition action under Florida Statutes Chapter 64, which can force a sale and divide the proceeds. Disputes over the validity of the will itself — or over who is entitled to inherit — can stall a sale for a year or more. If you sense a fight brewing, address it early; experienced counsel in can tell you quickly whether the dispute is worth litigating or settling. The same dynamics that play out in New York probate courts show up here in Palm Beach County, and the cost of ignoring them is a property that sits while the market moves.

It is also worth understanding how Florida’s process compares with other states. The structure of probate — and the existence of summary versus formal tracks — varies, and reviewing how the work elsewhere can clarify why Florida’s small-estate options are so valuable for selling inherited real estate quickly.

Getting Help in Boca Raton

Selling a deceased loved one’s home is rarely just a legal transaction — it is grief, family history, and money colliding. The good news is that for most South Florida families, especially where the home is the main asset and the death is not recent, summary administration makes the sale far simpler than the horror stories suggest. An attorney who handles Palm Beach County probate daily can usually tell you in one conversation which track you are on and how long it will take. For matters specifically in this region, the firm’s can walk you through the petition and the closing, and our Florida probate resources cover the related steps. When you are ready to move, reach out before you sign a listing agreement — getting authority lined up first saves weeks at the closing table.

Frequently Asked Questions

Can I sell my deceased parent's house in Florida before probate is finished?

Generally no, not on the open market with insurable title. A buyer’s title company needs proof that the seller has legal authority to convey the property. That authority comes from Letters of Administration in a formal probate or from a recorded Order of Summary Administration. The exception is property held in joint title, a trust, or under a Lady Bird deed, which can pass outside probate. In a summary administration, the court can issue its order in a matter of weeks, so the wait is often shorter than people expect.

Does the whole estate have to go through formal probate to sell one house?

Not always. If the estate (excluding protected homestead) is worth $75,000 or less, or if the decedent has been dead more than two years, Florida summary administration under Section 735.201 can distribute the property directly to the heirs without appointing a personal representative. Once the Order of Summary Administration is recorded, those heirs can sell like any other owner. This is the most common shortcut for selling long-held inherited real estate.

What is the $75,000 summary administration limit, and does the house count toward it?

Florida summary administration is available when the non-exempt estate is $75,000 or less. Importantly, protected homestead property is excluded from that calculation. So a Boca Raton home worth far more than $75,000 can still qualify if it was the decedent’s homestead, because its value does not count against the threshold. The two-year-after-death alternative qualifies an estate regardless of value.

Who signs the deed when selling estate property in Florida?

In a formal administration, the personal representative appointed by the court signs the deed, acting under a power of sale in the will or a court order under Florida Statutes Section 733.613. In a summary administration, no representative is appointed; the heirs who received the property under the court’s order sign the deed themselves once it is recorded.

What happens to the money from selling a probate house in Florida?

In formal administration, proceeds usually go into the estate account, where mortgages, tax liens, valid creditor claims, and administration costs are paid before the remaining balance is distributed to beneficiaries. In summary administration, the heirs who received title handle the sale and proceeds directly, but they should still satisfy any mortgages and liens and remain mindful of potential creditor exposure for up to two years after death.