This is the step families most often get wrong, and skipping it can void the sale. Here’s how to know exactly where you stand before you list.
Key Takeaways
- Your authority to sell starts with your Letters of Administration.
- A will that grants a power of sale often lets you sell without a separate order.
- No will, or no power of sale, usually means you need court authorization.
- Homestead property follows special rules and may need a court determination.
- Confirm your authority with your attorney before accepting an offer.
Step one: your Letters of Administration
Before anything else, you need to be formally appointed by the court as personal representative and issued Letters of Administration. This document is your proof of authority — title companies, buyers, and closing agents will all ask for it. Without it, you have no legal standing to sign a contract on behalf of the estate.
Does the will grant a “power of sale”?
Many Florida wills include language specifically authorizing the personal representative to sell real estate. When that power of sale exists, you can often market and sell the home and close the transaction without going back to the judge for a separate order — which saves time.
If the will is silent on selling real estate, or there is no will at all (an “intestate” estate), the personal representative generally needs a court order authorizing the sale. Your attorney petitions the court, and once approved, you can proceed.
Florida Probate Home Sale Checklist
Ensure you don’t miss a critical step. Download our comprehensive guide for personal representatives and heirs.
The homestead wrinkle
Florida’s constitutional homestead protection adds a layer most families don’t expect. A protected homestead can pass directly to heirs outside the normal probate estate, which means the personal representative may not automatically have the power to sell it. In many cases, a court determination of homestead status is needed first, and all heirs may need to sign. This is a common reason probate home sales get delayed or challenged — and a key reason to involve a probate attorney early.
What to confirm before you list
- Are you officially appointed with Letters of Administration in hand?
- Does the will grant a power of sale — or do you need a court order?
- Is the property homestead, and if so, has its status been addressed?
- Are all required heirs aligned and, where needed, prepared to sign?
- Is the creditor period handled so proceeds aren’t tied up unexpectedly?
Getting these answers up front — ideally before you ever sign a listing agreement — is what keeps the sale clean. A probate-experienced agent will coordinate directly with your attorney so the marketing and the legal timeline stay in sync. New to the process? Start with what probate real estate means in Florida.
This article is for general educational purposes and is not legal advice. Florida probate and homestead rules are complex and fact-specific. Aubreigh Hutchison is a licensed Florida real estate professional, not an attorney. Always consult a qualified Florida probate attorney before selling estate property.
