Can a Personal Representative Sell a House during Florida Probate?

Section 733.612 lists the general powers of a personal representative, but its power to dispose of estate assets does not extend to real property. Real estate sales are governed instead by section 733.613.

When the will gives the personal representative a power of sale, section 733.613(2) allows the personal representative to sell, mortgage, or lease the property without court authorization or confirmation. That power must not be limited by the will or by court order.

When there is no will, or the will does not give a usable power of sale, section 733.613(1) still allows a public or private sale. However, no title passes until the court authorizes or confirms the sale. Under section 733.613(3), a buyer from a personal representative takes the property free of claims of creditors and beneficiaries, though existing liens and encumbrances remain.

A house that was the decedent's protected homestead is treated differently. Section 733.608 provides that protected homestead is not an asset in the personal representative's hands unless the statute's exceptions apply. That distinction can change who signs the deed and whether the house is part of the estate at all. More background on the job itself appears in the role of a personal representative.