When a Personal Representative Needs Court Approval to Sell a Florida Home in Port St. Lucie
Can a personal representative sell property in Florida on their own signature? Sometimes yes, sometimes only with a judge’s order. This guide shows Port St. Lucie families where that power comes from, what the will has to say, and who signs the listing, the contract and the deed.
This guide explains how the real estate side of probate usually works in Florida. It is not legal or tax advice. Every estate is different, so confirm your next step with a Florida probate attorney and, for taxes, a CPA.
The Short Answer
Can a personal representative sell property in Florida without a judge? Yes, if the will gives a power of sale. If the will gives no usable power, or there is no will, the representative may still sell, but title does not pass until the court authorizes or confirms the sale. Protected homestead follows separate rules.
- A personal representative’s duties and powers begin on appointment by the court (Florida Statutes, section 733.601).
- The general power to dispose of estate assets without a court order excludes real property (Florida Statutes, section 733.612(5)).
- With a power of sale in the will, real property may be sold without court authorization or confirmation (Florida Statutes, section 733.613(2)).
- Without a usable power of sale, no title passes until the court authorizes or confirms the sale (Florida Statutes, section 733.613(1)).
- Protected homestead is not an estate asset the personal representative controls (Florida Statutes, section 733.608).
- For wills signed on or after October 1, 1987, a majority of joint personal representatives can act, unless the will says otherwise (Florida Statutes, section 733.615).
- A sale involving the personal representative’s own conflict of interest can be voided by an interested person, with listed exceptions (Florida Statutes, section 733.610).
In this guide
- Who is the personal representative, and when does the power to act begin?
- Can a personal representative sell property in Florida without a court order?
- What if the will has no power of sale, or there is no will?
- How do you find the power of sale in a Florida will?
- Can the executor sell the house before probate is opened?
- Who signs the listing agreement, the contract and the deed?
- What does an order authorizing the sale of real property involve?
- Can the personal representative buy the house or sell it to a relative?
- What will the title company ask for before closing?
- How does the listing agent fit around the court’s timetable?
- Frequently asked questions
Who is the personal representative, and when does the power to act begin?
I am sorry you are dealing with this. This guide stays on one practical question: who has the legal right to sell the house, and when.
A personal representative is the person the probate court appoints to manage and settle the estate of someone who died. Many families say “executor.” Florida law uses “personal representative” for the same job.
Letters of Administration are the court document that proves the appointment. Title companies and buyers’ agents ask for a certified copy before they deal with the representative. Being named in the will is not the same thing. The will nominates. The court appoints.
Timing follows from that. A personal representative’s duties and powers start when the court appoints them (Florida Statutes, section 733.601). The same section lets earlier acts “relate back” if they benefited the estate. It does not turn the person named in the will into a seller on the day of death.
Once appointed, the representative may take possession or control of estate property, except protected homestead, and must take reasonable steps to protect and preserve it (Florida Statutes, section 733.607).
For the full list of duties, see the executor roadmap for Treasure Coast estate homes. This article stays on the power to sell.
Can a personal representative sell property in Florida without a court order?
Yes, when the will gives a power of sale. A power of sale is a clause in the will that authorizes the representative to sell estate property. If the will grants a specific power to sell or mortgage real property, or a general power to sell any estate asset, the representative may sell, mortgage or lease real property without court authorization or confirmation (Florida Statutes, section 733.613(2)). The sale does not have to be justified by a showing of necessity.
Here is the point many families miss. The list of acts a representative may take without a court order is in Florida Statutes, section 733.612. Subsection (5) allows disposing of an asset, but it says “excluding real property in this or another state.” Selling the car without the judge does not mean the house works the same way. The house power comes from section 733.613.
Section 733.612 still helps while the house is prepared. Without a court order, a representative acting reasonably may make repairs (subsection 6), insure estate assets (subsection 13), pay taxes and assessments (subsection 16) and employ agents such as appraisers (subsection 19). The section does not name real estate agents, so ask the attorney how the listing agreement should be signed.
The section opens with “except as otherwise provided by the will or court order.” A will or a judge can narrow these powers. That is why the attorney reads the whole will.
What if the will has no power of sale, or there is no will?
The house can still be sold. The path changes.
Florida law groups three cases: no will, a will with no power of sale, or a power so limited it cannot be used. In each, the representative may sell at public or private sale if it is in the best interest of the estate. But “no title shall pass until the court authorizes or confirms the sale” (Florida Statutes, section 733.613(1)).
To authorize is to approve a sale before it closes. To confirm is to approve a sale already agreed. Often the representative signs a contract, the attorney asks the court to approve it, and the closing waits for the signed order.
The Florida Probate Rules set the court procedure for this petition. Ask the attorney what the petition must state about the property, the price and the terms, and what the judge will want to see before signing the order.
| Situation | Who signs the sale | Court order needed? |
|---|---|---|
| Will gives a specific or general power of sale | The representative | No (section 733.613(2)) |
| No will, or no usable power of sale | The representative, but title does not pass yet | Yes, authorize or confirm (section 733.613(1)) |
| Protected homestead | Not an estate asset the representative controls (section 733.608); confirm signers with the title agent | Ask the attorney whether to seek a court order on homestead status |
The third row has its own guide: how Florida homestead works in probate.
How do you find the power of sale in a Florida will?
Start with the copy of the will filed with the court. The power of sale usually sits in a paragraph about the personal representative’s powers, often near the end, under a heading like “Powers of Fiduciary.”
A specific power is language that names real property. A general power is language that lets the representative sell any estate asset. Both work without a court order under section 733.613(2).
One detail is worth raising. Section 733.613(3) says a buyer takes title free of estate creditors’ claims and beneficiaries’ entitlements when the sale is made under a specific power or a court order. Existing mortgages and liens are not affected. The subsection does not mention a general power. Ask the title agent how the insurer treats a sale under a general power.
Questions to bring to the attorney:
- Is there a power of sale, and is it specific or general?
- Is it limited by a condition or a required consent?
- Is the house protected homestead?
- If an order is needed, will you ask the court to authorize first or confirm a signed contract?
A real estate agent should not interpret the will. A listing agent in a probate sale usually asks for the attorney’s answer in writing before the listing agreement is signed.
Can the executor sell the house before probate is opened?
Not as personal representative. Until the court appoints someone, nobody holds the power to sell estate property for the estate (Florida Statutes, section 733.601).
Some homes never become estate property. A house held with right of survivorship, or in a trust, may pass outside probate. The attorney decides that from the recorded deed, so bring it to the first meeting.
Before the appointment, a family can still:
- find the original will and the recorded deed;
- tell the insurance company the owner has died and the house is unoccupied;
- keep utilities on;
- ask a REALTOR® for a written pricing analysis the attorney can see early.
Avoid signing a listing, accepting a deposit or signing a contract in the deceased owner’s name. A buyer’s title company will not insure a sale signed without authority, and the deal can fail after the buyer has paid for inspections.
How long letters take depends on the court calendar and the type of administration. The guide to the St. Lucie County court timeline from petition to closing sets the court and sale steps side by side.
Who signs the listing agreement, the contract and the deed?
When the house is an estate asset, the personal representative signs each document in that role, for example “Jane Doe, as Personal Representative of the Estate of John Doe.” The attorney and title company set the exact wording.
The deed is often called a personal representative’s deed. Documentary stamp tax applies at 70 cents per $100 of the price, with no probate exemption in the statute (Florida Statutes, section 201.02). Other line items are in the guide to seller closing costs in Port St. Lucie.
Two or more personal representatives
For a will signed on or after October 1, 1987, or a death without a will on or after that date, a majority of joint personal representatives can act unless the will says otherwise. Older cases need all of them (Florida Statutes, section 733.615). With two, a majority means both. Ask the closing title agent whether every co-representative must sign, and plan remote signing for anyone out of state.
Protected homestead
Protected homestead is excluded from the assets the representative controls. The representative may hold an unoccupied apparent homestead only to preserve, insure and protect it (Florida Statutes, section 733.608). The homestead protections pass to the surviving spouse or heirs of the owner (Florida Constitution, Article X, Section 4). So the people who sign may be the heirs, the devisees or a surviving spouse rather than the representative. Confirm the signers with the attorney and the closing title agent.
What protects the buyer
A buyer dealing in good faith with a personal representative is protected as if the representative acted properly, except as provided in section 733.613(1), the court-order rule (Florida Statutes, section 733.611).
What does an order authorizing the sale of real property involve?
An order authorizing the sale of real property is a signed court order approving the personal representative’s sale of a specific property. Without a usable power of sale, this order, or an order confirming the sale, is what lets title pass (Florida Statutes, section 733.613(1)).
In many estates a contract comes first, so the court can review an actual price and terms. The listing discloses that the sale is subject to court approval. The contract carries a court-approval contingency and a closing date tied to the order. The attorney files the petition, notice goes out, the judge rules, and the certified order goes to the title company.
Local practice can differ from one circuit and one judge to the next. Port St. Lucie and Stuart are in the 19th Judicial Circuit, so ask your attorney what the assigned judge expects in a petition to sell.
Port St. Lucie and Stuart: same circuit, different clerks
A Port St. Lucie case is usually filed with the St. Lucie County Clerk of the Circuit Court. A Stuart case in Martin County goes to the Martin County Clerk’s Probate and Guardianship division (Martin County Clerk, Probate and Guardianship). Martin County lists $400 to open a formal administration (Martin County Clerk fee schedule), against a statutory base of $395 plus a $4 service charge (Florida Statutes, section 28.2401). The county of the case depends on where the person lived, which the attorney confirms.
| Step | Under a power of sale | With a court order |
|---|---|---|
| Contract | Ordinary terms | Court-approval contingency, flexible closing |
| Before closing | Title review of letters and will | Petition, notice, ruling, signed order |
| Buyer’s view | Close to a regular sale | Some buyers wait; others move on |
Can the personal representative buy the house or sell it to a relative?
It is possible, but risky. A sale to the personal representative, or to their spouse, agent or attorney, or to a company or trust in which they hold a substantial interest, is voidable by any interested person. So is any transaction affected by a conflict of interest (Florida Statutes, section 733.610).
Voidable means another heir can ask to undo the sale. The statute lists exceptions: a person who consented after fair disclosure cannot void it, and the rule does not apply when the will or a contract expressly authorized the transaction, or when the court approved it after notice.
This comes up when the sibling serving as representative wants to keep Mom’s house and another sibling wants the cash. Even with a power of sale, the representative cannot simply sell to themselves at a number they choose. Ask the attorney whether to seek court approval or written consents, and what value evidence the heirs will expect. A neutral written pricing analysis helps everyone see the same number.
A cousin is not on the statute’s list, but “any transaction affected by a conflict of interest” is broad. Ask before accepting any family offer.
What will the title company ask for before closing?
The buyer’s title company is the last checkpoint. It reviews the probate file before it insures the buyer’s title. No statute lists its requirements, and the list varies by title insurer. Ask the closing title agent which of these documents the insurer needs for your file:
- a certified copy of the Letters of Administration;
- the will admitted to probate;
- a certified order authorizing or confirming the sale, if there is no usable power;
- an order determining homestead status, if the house may have been homestead;
- mortgage payoff letters and any association estoppel letter.
The creditor period matters too. A claim is generally barred unless filed within three months after first publication of the notice to creditors, or 30 days after service on a creditor who must be served, whichever is later (Florida Statutes, section 733.702). A closing can often happen before then. Paying heirs is a separate step, covered in the guide on when sale proceeds can be paid out.
Order the title search early. An old lien or deed problem found before listing costs less time than one found after a buyer signs.
How does the listing agent fit around the court’s timetable?
The agent handles the real estate side. The attorney handles the court. A listing agent in a probate sale usually works in this order:
Confirm authority
Before a listing is signed, the agent asks for the letters, the will and the attorney’s answer on power of sale and homestead.
Write a pricing analysis
A written analysis of comparable sales supports the price in a petition and helps heirs agree on a number.
Build a pre-listing plan
The plan covers clean-out, repairs, insurance and access. In Port St. Lucie it includes city code items for a vacant house, such as grass under 12 inches and a secured pool barrier (City of Port St. Lucie, Common Residential Code Violations).
Coordinate the closing
The agent keeps the attorney, the title company, vendors and heirs informed, and arranges remote signing early for out-of-state heirs.
What slows these sales is rarely the buyer. It is usually a missing document: letters not issued, a homestead question no one raised, or a co-representative who cannot be reached.
For the wider process, read how probate home sales work in Florida, or see probate real estate help in Port St. Lucie. Jeannie works with families in English and Spanish.
What Clients Say About Working With Jeannie Jacobson
“We hired Jeannie to sell our mom’s house after our contract with another realtor expired I will not mention their name… From showing to closing, Jeannie was amazing!”
Margaret Padilla, 24 Apr 2025, Google review
“It wasn’t easy to make the decision to sell our family home that was filled with memories and love. She really went above and beyond and showed such compassion through it all. She stood by me throughout every step.”
Carmine Derrico, 11 Apr 2025, Google review
Frequently Asked Questions
Not as personal representative. Florida law says a personal representative’s powers begin when the court appoints them. Before that, a person named in the will has no authority to sign a listing or a contract for estate property. The family can still protect the house, gather documents and get a pricing analysis while the attorney opens the case.
It depends on the will. If the will gives a specific or general power of sale, the representative may sell without court authorization or confirmation. If there is no will, or the will has no usable power of sale, title does not pass until the court authorizes or confirms the sale. A probate attorney reads the will and confirms which rule applies.
For wills signed, or deaths without a will, on or after October 1, 1987, Florida law lets a majority of joint personal representatives act unless the will says otherwise. With two representatives, a majority means both. Ask the closing title agent whether every co-representative must sign the closing documents, and plan remote signing early for anyone who lives out of state.
Often yes, once letters have been issued. In many estates the attorney asks the court to confirm a signed contract, so the house is listed first. The listing and contract disclose that the sale is subject to probate court approval, and closing waits for the order. Ask the attorney whether your judge prefers authorization before marketing or confirmation of a signed contract.
Florida law makes a sale to the personal representative, or to their spouse, agent or attorney, voidable by an interested person. Exceptions apply when the will expressly authorized it, when the heirs consented after fair disclosure, or when the court approved it after notice. Because of that risk, the attorney usually guides this kind of sale closely.
Protected homestead is not an estate asset the personal representative controls. The heirs, the people named in the will or a surviving spouse may need to sign the deed instead. Ask the attorney whether the court should determine homestead status first, and confirm the exact signers with the closing title agent.
A personal representative’s deed is the deed the representative signs, in that role, to transfer the estate’s title to a buyer. It is signed after the letters are issued and, when no power of sale exists, after the court order. Florida documentary stamp tax applies at 70 cents per 100 dollars of the price, as on other deeds.
Start With the Will, the Letters and a Clear Price
Once the attorney confirms the power of sale and the homestead question, the real estate steps follow in order. Jeannie can prepare a written pricing analysis and a pre-listing plan for the estate home, in English or Spanish, and share them with your attorney.
Get a Free Estate Home Value Review
Jeannie Jacobson, REALTOR®, RE/MAX Gold, (772) 877-0268, English and Spanish
Sources
- Florida Statutes, section 733.601, Time of accrual of duties and powers, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.601.html (accessed October 2026)
- Florida Statutes, section 733.607, Possession of estate, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.607.html (accessed October 2026)
- Florida Statutes, section 733.608, General power of the personal representative, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.608.html (accessed October 2026)
- Florida Statutes, section 733.610, Sale, encumbrance, or transaction involving conflict of interest, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.610.html (accessed October 2026)
- Florida Statutes, section 733.611, Persons dealing with the personal representative; protection, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.611.html (accessed October 2026)
- Florida Statutes, section 733.612, Transactions authorized for the personal representative; exceptions, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.612.html (accessed October 2026)
- Florida Statutes, section 733.613, Personal representative’s right to sell real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.613.html (accessed October 2026)
- Florida Statutes, section 733.615, Joint personal representatives; when joint action required, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.615.html (accessed October 2026)
- Florida Statutes, section 733.702, Limitations on presentation of claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.702.html (accessed October 2026)
- Florida Statutes, section 201.02, Tax on deeds and other instruments relating to real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0201/Sections/0201.02.html (accessed October 2026)
- Florida Statutes, section 28.2401, Service charges in probate and guardianship proceedings, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0028/Sections/0028.2401.html (accessed October 2026)
- Constitution of the State of Florida, Article X, Section 4, Homestead; exemptions, Florida Senate, https://www.flsenate.gov/Laws/Constitution (accessed October 2026)
- Probate and Guardianship, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/199/Probate-Guardianship (accessed October 2026)
- Probate, Guardianship and Trust fees, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/229/Probate-Guardianship-Trust (accessed October 2026)
- Common Residential Code Violations, City of Port St. Lucie, https://www.cityofpsl.com/Government/Your-City-Government/Departments/Neighborhood-Services/Code-Compliance/Common-Residential-Code-Violations (accessed October 2026)