What Happens If You Sell Property Before Probate in Florida?

What happens if you try to sell before probate opens?

You need a Florida probate attorney to determine whether your proposed contract or deed would be effective; the sale-authority rules do not answer every pre-probate situation. For a personal representative acting in an intestate estate or under a will without an exercisable power of sale, Florida Statutes section 733.613 prevents title from passing until the court authorizes or confirms the sale.

Under that rule, the personal representative may sell at public or private sale when they consider the sale to be in the best interests of the estate and interested persons. The distinction matters: permission to arrange a sale is not the same as authority to pass title without court involvement.

If you already signed something, have the attorney review that document before you take the next step. Ask specifically whether the proposed seller has the authority needed and whether court authorization or confirmation is required.

Timing matters as much as authority. Under Florida Statutes section 733.601, a personal representative’s duties and powers begin at appointment. The same section lets those powers relate back, so an act the appointed person took before appointment that was beneficial to the estate can be given the same effect as an act taken afterward. That relation-back rule is not a promise that every pre-appointment contract or deed will hold up; it depends on who acted, whether the act benefited the estate, and whether the court must still authorize or confirm the sale. Ask the probate attorney whether a document signed before appointment can be ratified or must be redone.

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 can the personal representative sell without court approval?

Florida Statutes section 733.613 allows the personal representative to sell without court authorization or confirmation if the will grants either:

• A specific power to sell or mortgage real property.
• A general power to sell any estate asset.

The permission applies to the personal representative under a will granting the specified power. Ask your probate attorney whether the will’s actual language provides that authority for your sale.

What happens to creditors, beneficiaries, and liens?

For a sale under a qualifying will power or court authorization or confirmation, Florida Statutes section 733.613 provides that the purchaser takes title free of estate creditors’ claims and beneficiaries’ entitlements.

Existing mortgages and other liens against the real property remain unaffected. Do not treat the estate-sale rule as a mortgage or lien release. Ask the attorney handling the transaction how any existing mortgage or lien will be addressed.

Does homestead or survivorship ownership change the question?

Ask your probate attorney whether homestead restrictions or the form of ownership changes who has an interest in the property.

Under Florida Statutes section 732.4015, homestead generally may not be devised if the owner is survived by a spouse or minor child. The exception allows a devise to the spouse when there is no minor child.

Great job on selling my LBK condo unit by Eric Teoh and Mike Renick! Thank you for your help!

– Peter Burbank, Google Review

Florida Statutes section 732.401 also states that its homestead descent provisions do not apply to property the decedent owned as tenancy by the entireties or joint tenancy with rights of survivorship. That distinction calls for reviewing the deed – not assuming the same estate-sale path applies to every home.

Before signing a sale contract or deed, ask a Florida probate attorney to review the deed and any will and identify who can convey title and whether court authorization or confirmation is needed.

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.

Read Michael’s full bio → · See client testimonials →

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.

To search for local properties: search.teamrenick.com
To read more insights: gulfcoastdecoded.com