Florida Real Estate Sale: Do You Need Court Approval?

The real question isn't approval — it's jurisdiction. A house that's protected homestead is legally beyond the executor's reach from the start.

Fla. Const. Art. X §4; Fla. Stat. §733.613, 734.102

Quick answer: for homestead, the executor generally has no authority to sell it at all. For everything else, a court order isn't needed to sign the contract — only to close. Run your own numbers in the Florida probate real estate sale calculator.

Homestead: outside the executor's authority, by design

Straight from the Florida Constitution: protected homestead passes directly under the Constitution's descent rules or the will's valid devise, typically confirmed through a separate court petition to determine homestead status — not an executor's sale. A power of sale clause in the will simply doesn't reach it.

Non-homestead: the contract can come first

Fla. Stat. §733.613(1) delays the passing of title, not the making of the contract — so the personal representative can sign a purchase agreement before Letters of Administration even issue. Title can't actually pass, though, until those Letters are in hand.

Title companies add their own timing rule

Beyond the statute, title underwriters typically want certified Letters of Administration dated within 60 to 90 days of closing — a practical requirement worth planning around even once the legal authority to sell exists.

Out-of-state decedents need a second proceeding

When a non-resident decedent owned Florida real property, ancillary administration is required under Fla. Stat. §734.102 — probate in the decedent's home state alone does not convey Florida title.

Consent isn't always unanimous

On non-homestead property, a valid power of sale in the will lets the personal representative act without every heir's agreement — interested persons still receive notice, but their consent isn't a precondition to closing.

Facing probate in Florida?

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Whether the case is heard in Miami-Dade, Broward, Palm Beach, or any other Florida circuit, the homestead exemption and the §733.613 contract-timing rule apply exactly the same way.

Court approval to sell — frequently asked questions

How does the protected homestead actually get transferred, if not through the personal representative?

It typically passes directly to the surviving spouse or heirs under the Florida Constitution's homestead descent rules, or under the terms of the will if it validly devises the homestead — often confirmed through a separate court petition to determine homestead status, rather than an executor's sale.

Can the personal representative sign a contract before receiving Letters of Administration?

Yes, on non-homestead property — Fla. Stat. §733.613(1) delays the passing of title, not the making of the contract, so a sale contract can be signed earlier, though title can't actually transfer until Letters are in hand.

What do title companies typically require before closing?

Certified Letters of Administration dated within a defined window, usually 60 to 90 days of closing — a title underwriter's practical requirement layered on top of the statutory framework.

What happens if the decedent lived out of state but owned Florida real property?

Ancillary administration is required under Fla. Stat. §734.102 — probate conducted solely in the decedent's home state does not, by itself, convey Florida title, so a separate Florida proceeding is needed for the Florida real property.

Does a will's power of sale let the personal representative act without every heir's consent?

On non-homestead property, yes — a valid power of sale in the will lets the personal representative act without unanimous consent, though interested persons still receive notice of the proposed sale.

This page provides general guidance only and is not legal advice. Based on Article X, Section 4 of the Florida Constitution and Fla. Stat. §733.613, 734.102. Homestead status can be legally complex. Confirm with the county circuit court or a licensed Florida attorney before acting.