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Can You Sell a House Before Probate in Florida?

By Prop Hunters · Updated October 16, 2026 · Miami Lakes, FL

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The Short Answer

Direct answer

Usually not on your own. In Florida, someone generally has to be appointed personal representative by the probate court before they can sign a binding sale of an estate’s real estate — unless the house is protected homestead, which is handled differently. What you can do right away is talk to a probate attorney, open the case, and line up a buyer so you can close as soon as the personal representative has authority.

Who can actually sign the sale

When someone dies, title to their real estate generally passes to the heirs or beneficiaries by operation of law — but it stays subject to administration of the estate. The person who controls the sale is the court-appointed personal representative (what many people call the executor). A person named in a will is only “nominated” until the court appoints them and issues Letters of Administration, and a contract signed before that point may not be enforceable.

Once appointed, the personal representative’s power to sell depends on the will. If the will gives a specific power to sell real property, or a general power to sell estate assets, the personal representative can sell without court approval. If the will is silent, or there is no will, the sale generally needs court authorization or confirmation before title passes (Fla. Stat. § 733.613).

Homestead and small estates are different

Protected homestead is treated differently from other real estate and may pass outside normal administration, so the heirs or devisees — not the personal representative — may be the ones to sign a deed. Whether a house is protected homestead is a legal question that depends on who survived the owner, so ask your attorney.

Florida also has a streamlined summary administration process for smaller estates, or where the owner died more than two years ago. The dollar limit has been changing, so check the current text of Chapter 735 or ask your attorney.

What you can do before probate is open

  1. Talk to a probate attorney and find the will, if there is one.
  2. Open the probate case in the county where the owner lived — for Miami-Dade, that is the Clerk’s probate division in the 11th Judicial Circuit.
  3. Protect the house: keep insurance active, pay taxes, secure the property, and don’t let it sit with a leaking roof.
  4. Talk to buyers now. A cash buyer can look at the house and discuss price while the case is being opened, so you’re ready when authority exists.
  5. Close once the personal representative can sign (and after court approval if your case requires it).

That’s how we handle it: we can agree on terms before probate is opened and close once the estate is able to sell, and your probate attorney confirms the steps. See our pages on selling before probate and inherited houses.

Common roadblocks

  • Several heirs who don’t agree, or who live in different countries.
  • A mortgage still on the house — it is paid off from the sale proceeds at closing.
  • Back taxes, liens or code fines that have to be cleared.
  • A house that needs major repairs — a good reason to consider an as-is sale.

Frequently Asked Questions

Can an executor named in the will sign a sale before being appointed?

No. A person named in a will has no authority until the court appoints them and issues Letters of Administration. Wait for the appointment before signing a binding sale contract.

Can I sell a house in probate as-is?

Yes. An estate can sell a house as-is. The personal representative still needs authority to sell, and disclosure duties still apply.

What happens to the mortgage if the owner died?

The mortgage stays with the property. If the house is sold, the payoff comes out of the proceeds at closing. Keep making payments if you can, and talk to the lender and your attorney.

How long does probate take in Florida?

It varies with the size and complexity of the estate, whether there is a will, and how busy the court is. Your attorney can give you an estimate for your county.

Related Pages

Cities · Counties · Situations

Official Sources

Sources used

This guide is general information, not legal or tax advice. Florida law changes, and every situation is different — talk to a Florida attorney or tax professional about yours.

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