What Is a Probate Listing in Florida Real Estate?
What Is a Probate Listing in Florida Real Estate?
Quick Answer
A probate listing is a home offered for sale as part of the court process for handling a deceased owner’s real-estate title. Under Florida Statutes section 733.608, the personal representative holds Florida estate property as estate assets, except protected homestead. For estate real property the representative may sell, if the will gives no exercisable power of sale – including when there is no will – Florida Statutes section 733.613(1) says title does not pass until the court authorizes or confirms the sale. Before you make an offer or authorize a listing, ask the estate’s probate attorney who has authority to sell and whether court authorization or confirmation is needed. Call me at 941.400.8735 or reach out directly to Michael Renick – I’ll share my approach with you.
What does a probate listing mean for your Florida home purchase or sale?
A probate listing connects the proposed home sale to the legal process for handling a deceased owner’s title. Florida Realtors describes probate as the formal court process used to transfer that title to the rightful heirs so they can convey it.
Your decision starts with authority: ask who can sell this particular property. Florida Statutes section 733.608 places the deceased owner’s Florida real and personal property, except protected homestead, in the personal representative’s hands as estate assets for purposes including payment of estate obligations and distribution.
Do not assume the same authority applies to protected homestead. Ask the probate attorney to confirm the property’s status and identify who can convey it before you rely on a proposed sale.
We met Eric two months ago when we decided to sell our wonderful condo on Longboat Key. It was an incredible experience. We met with Eric and Mike Renick on a Tuesday evening in our condo. After discussions, we signed our listing agreement. Woke up the Wednesday morning to see our listing up on MLS. Thursday, Eric brought his photographer for pictures. First showing two days later. Offer three days later. Final signed contract next day. Eric was on top of everything. Nine days after final sales contract was signed buyers inspected property. Three weeks later property closed. Thirty days between final contract and closing. Eric was proactive and kept all parties in the loop through closing. We would definitely engage him again and highly recommend him to anyone interested in buying or selling property on Longboat Key.
– karlpond, Zillow Review
When does the sale need court authorization or confirmation?
Under Florida Statutes section 733.613(1), when the will provides no exercisable power of sale – including an estate without a will – the personal representative may sell estate real property publicly or privately if the representative considers the sale in the best interest of the estate and interested persons. Title does not pass until the court authorizes or confirms that sale.
Florida Statutes section 733.613(2) provides a different route when the will gives the personal representative a specific power to sell or mortgage real property, or a general power to sell any estate asset. In that circumstance, the representative may sell without court authorization or confirmation, and the sale need not be justified by showing necessity.
Before you commit to a closing date, ask the probate attorney which provision applies to the proposed sale and what remains to be completed.
Why does protected homestead need separate review?
Protected homestead is excluded from the property treated as estate assets in the personal representative’s hands under Florida Statutes section 733.608. You should not treat the representative’s involvement as proof of authority to sell that home for the estate.
Section 733.608(2) allows – but does not require – the representative to take possession for the limited purpose of preserving, insuring, and protecting property while homestead status is determined. That provision applies when the property reasonably appears to be protected homestead and is not occupied by someone who appears to have an interest.
Mike Renick represented us, in both a sell and buy transection. One of the transactions was complicated as the sell portion of the transaction involved a foreign buyer. Mike arranged that both transactions would close the same day. Which they did without a hitch.
– Lee Diznoff, Google Review
Let’s continue this conversation.
Call me at 941.400.8735 or schedule a 15-minute call. I’ll tell you what I would look for.
Call 941.400.8735 or Schedule a Call
Questions Clients Actually Ask
Can the personal representative sell without proving the sale is necessary?
When the will grants a specific power to sell or mortgage real property, or a general power to sell any estate asset, Florida Statutes section 733.613(2) says the sale need not be justified by showing necessity. That provision also allows the representative to sell without court authorization or confirmation.
Does the representative have to take possession of a possible homestead?
Florida Statutes section 733.608(2) authorizes possession but does not require it when the property reasonably appears to be protected homestead and is not occupied by someone who appears to have an interest. The authority is limited to preserving, insuring, and protecting the property while its homestead status is determined.
What To Do Right Now
Before you commit to the purchase or sale, ask the estate’s probate attorney to confirm who can convey the home, addressing protected-homestead status and any required court authorization or confirmation.
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Michael Renick · Licensed Florida Real Estate Broker
License #BK3241900 · Verify on Florida DBPR
Mangrove Realty Associates Inc / Team Renick · Serving Sarasota & Manatee Counties since 2011
About the Author
I’m Michael Renick — a Florida West Coast broker with over 15 years guiding families through some of the biggest decisions of their lives. I’ve built my practice on hard work, honesty, and total transparency. No shortcuts, no spin — just straight answers, deep market knowledge, and the dedication my clients deserve from start to close.
Equal Housing Opportunity. This article is general information only, not legal, tax, insurance, or financial advice. Market conditions, insurance requirements, and costs vary by property and transaction; confirm your specific situation with the appropriate licensed professional. Michael Renick, Licensed Florida Real Estate Broker, License #BK3241900, licensed by the Florida Department of Business and Professional Regulation (DBPR). Mangrove Realty Associates Inc — each office is independently owned and operated.
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