Probate and Real Estate: Selling the Home in Palm Beach

Selling a loved one’s home is often the single largest task in a Palm Beach probate. Florida law treats real estate differently from bank accounts, and a misstep on homestead or court authority can stall a closing for months. Use this practical checklist to move from inherited property to a clean sale.

Step 1: Determine Whether the Property Is Homestead

Under Article X, Section 4 of the Florida Constitution, a decedent’s primary residence may be protected homestead. This matters in Palm Beach because waterfront and condo properties are frequently the family home. If the property qualifies as homestead and the decedent left a surviving spouse or minor child, it generally passes outside the probate estate and is shielded from most creditors. That changes who must sign the deed and whether the personal representative can sell it at all. Confirm homestead status before listing.

Step 2: Confirm the Personal Representative’s Authority to Sell

A personal representative cannot simply sign a contract because they hold Letters of Administration. Check the will: if it grants an explicit power of sale, the representative may usually sell without a separate court order. If the will is silent, or there is no will, Florida law often requires a petition and court order authorizing the sale of non-homestead real property. In a formal administration through the Palm Beach County probate division, build this approval step into your timeline so a contract does not collapse at closing.

Step 3: Choose the Right Administration Path

Florida offers summary administration for smaller estates (generally those under the statutory threshold or where the decedent died more than two years ago) and formal administration for everything else. Real estate sales usually run through formal administration because buyers and title underwriters want a personal representative with clear Letters to sign the deed. If you only need to clear title for an heir who intends to keep the home, summary administration may be enough.

Step 4: Clear Title and Address Creditors

A Palm Beach title company will scrutinize the chain of title before insuring a sale. Expect them to require proof that the creditor claim period was handled correctly, that any homestead determination was made, and that the proper parties joined the deed. If estate debts exist, sale proceeds from non-homestead property may need to satisfy those claims before distribution to heirs.

Step 5: Prepare for Closing

Before the closing table, gather certified Letters of Administration, any court order approving the sale, the homestead determination if applicable, and a current payoff for any mortgage. Coordinate with the title agent early so wiring instructions and disbursement of proceeds to the estate account are set up in advance. Sale proceeds belong to the estate, not to individual heirs, until distribution is authorized.

Step 6: Watch the Tax Picture

Good news for Palm Beach families: Florida imposes no state estate tax and no state inheritance tax. Heirs should still discuss the federal stepped-up basis and any capital gains exposure with a tax professional, especially when a long-held coastal property has appreciated significantly.

A Note for Palm Beach Families

Every estate sale has its own wrinkles, from homestead disputes to out-of-state buyers. Before signing a listing agreement or accepting an offer, consult a Florida probate attorney familiar with Palm Beach County practice to confirm authority, protect homestead rights, and keep your closing on track.