Who Owns a Home During Probate?
Who Owns a Home During Probate?
Quick Answer
In Florida, a home’s owners during probate are generally the heirs, beneficiaries, or surviving co-owner entitled to it – not the personal representative merely because they administer the estate. For a home owned solely by the deceased or as a tenant in common that is not protected homestead, the deceased owner’s interest generally passes at death, subject to probate administration; a will may specify a different event for a gift to vest. Survivorship ownership and protected homestead follow different rules, so you need to establish which applies to your home. Before committing to a sale, ask the probate attorney who owns the property and who has authority to sell it. Under Florida Statutes § 733.613, certain estate sales without an exercisable power of sale in the will cannot transfer title until the court authorizes or confirms the sale. Call me at 941.400.8735 or reach out directly to Michael Renick – I’ll share my approach with you.
Who actually owns the home while probate is underway?
For a non-homestead home owned solely by the deceased or as a tenant in common, the people entitled under the will or Florida inheritance law generally receive the deceased owner’s interest at death, subject to probate administration. Ownership may pass differently when the deed includes survivorship rights, the home is protected homestead, or the will specifies another event before a gift vests.
Florida Statutes § 732.514 says a gift under a will generally vests at death unless the will provides another event. “Vests” means the recipient acquires the right to that gift. If there is no will, Florida’s intestacy law – the rules for inheritance without a will – determines who is entitled to inherit.
The Florida Bar’s “Homestead Made Easy, Part II” explains the distinction that matters to your transaction: an heir or beneficiary may hold title while the personal representative still has possession and sale authority during administration. Owning an interest and having authority to handle a sale are separate questions.
What authority does the personal representative have?
For non-homestead property under probate administration, Florida Statutes § 733.607 generally gives the personal representative possession or control, subject to the statute’s qualifications. The representative must take reasonable steps to manage, protect, and preserve that property until distribution.
That authority does not make the representative the beneficiary-owner. If you are inheriting the home, do not assume your ownership interest settles who can control the property or sign sale documents. Ask the probate attorney to identify the representative’s authority for this particular home.
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
How does joint ownership change the answer?
The deed can put the home on a different path from ordinary probate property. The Florida Bar’s “Probate in Florida” consumer guidance distinguishes these forms of ownership:
| Ownership form | General result at death |
|---|---|
| Joint tenants with rights of survivorship | The surviving co-owner generally receives the property outside probate. |
| Spouses owning as tenants by the entirety | The property passes automatically to the surviving spouse. |
| Tenants in common | The deceased owner’s share is generally a probate asset unless it is homestead property. |
Do not treat “we owned it together” as a complete answer. Ask the probate attorney to review the deed and explain whether it creates survivorship rights or a tenant-in-common interest.
What changes if the home is protected homestead?
Protected homestead is excluded from the personal representative’s ordinary possession and control authority and the ordinary pool of estate assets under Florida Statutes §§ 733.607 and 733.608.
There is limited authority in particular circumstances. Section 733.608 permits preservation, insurance, and protection of apparently protected homestead while its status is being determined if it is not occupied by someone appearing to have an interest. That limited authority does not give the representative ordinary control over every protected homestead.
Homestead also has special inheritance restrictions:
- A spouse or minor child survives: Florida Statutes § 732.4015 generally prevents the owner from leaving the homestead by will, except that it may be left to the spouse if there is no minor child.
- A spouse and descendants survive, and the protected homestead is not validly left by will: Under Florida Statutes § 732.401, the spouse generally receives a life estate – an interest lasting for the spouse’s lifetime – and the descendants receive a vested remainder, the ownership interest that follows it.
- The spouse chooses the statutory alternative: In that same situation, the spouse may elect an undivided one-half interest as a tenant in common, with the descendants receiving the other half. The election generally must be made within six months after death and during the spouse’s lifetime.
Your precise ownership interest depends on the deed and family circumstances. Ask the probate attorney to resolve those points before you assume the will alone controls the home.
Can the home be sold during probate?
Non-homestead estate real property may be available for sale as part of administration. Florida Statutes § 733.608 makes that property available for estate obligations, expenses, and distribution.
We bought two units from Mike and Eric and sold one over the last four years. One thing that made life much easier for us was how they understood our feelings and situation regarding pricing. They knew where the other party was coming from, which made the process faster without all the back and forth. Once the contract was signed, their staff was great; I literally had to do nothing other than decide what color pen to sign with. Eric wasn’t just out to make a sale; he was tremendously helpful to us. Every week, he checks our apartment without asking for money, and when we had a storm, he even moved our car to safety. It wasn’t just about the sale; he became a friend and helped us out after the sale, just because we don’t live here.
– Mindy and Joe, Customer Review
The sale authority still needs to be established. Under Florida Statutes § 733.613, a sale may require court authorization or confirmation if the will does not provide an applicable, exercisable power of sale. In the cases covered by that requirement, title does not pass until the court authorizes or confirms the sale.
Before relying on a closing date, ask the probate attorney whether the proposed sale requires a court order and who has authority to sign.
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.
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Questions Clients Actually Ask
Does being the personal representative make me the owner?
No, appointment as personal representative does not itself make you the beneficiary-owner of non-homestead estate property. Florida Statutes § 733.607 gives you administration responsibilities and generally possession or control, subject to its qualifications – not ownership merely from holding that role.
Will the will alone determine who receives the homestead?
Not necessarily; Florida homestead restrictions can limit what the will accomplishes. Under Florida Statutes § 732.4015, homestead generally cannot be left by will if a spouse or minor child survives, except that it may be left to the spouse if there is no minor child. Ask the probate attorney how those restrictions and the deed affect your interest.
What To Do Right Now
Before committing to a purchase or sale, ask the probate attorney to review the deed and any will and identify the home’s owners, its homestead status, and the authority needed for the proposed sale.
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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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