Selling Estate Real Estate During Florida Probate: A Palm Beach Attorney’s Guide

Selling estate real estate during Florida probate means transferring a deceased owner’s house, condo, or land while the estate is still under court administration. In most Florida estates, the personal representative may sell the property either under a power granted in the will or by petitioning the probate court for authority, and the sale proceeds typically become part of the estate available to pay creditors before any distribution to heirs. The single biggest variable in Palm Beach probate sales is not the market value of the home but who has a claim against the estate, because creditors are usually paid before the family sees a dollar.

I have closed enough estate sales in Palm Beach County to tell you that the deed is the easy part. The hard part is making sure the property is actually sellable, that the personal representative actually has the legal authority to sign, and that the proceeds are not clawed back later by a creditor whose claim was never properly resolved. This guide walks through how that works under Florida law.

Who has the authority to sell estate real estate in Florida?

Only the personal representative (Florida’s term for what other states call an executor or administrator) can sell real property belonging to a probate estate, and only after the court issues Letters of Administration. Until those letters are signed, no one—not the named executor in the will, not the surviving spouse, not the adult children—has authority to convey title. A title company will refuse to insure a sale signed by someone holding nothing but a death certificate and a copy of the will.

Where the authority comes from matters. Florida recognizes two distinct paths:

• Power of sale under the will. If the decedent’s will expressly grants the personal representative the power to sell real property, the PR may generally sell without a separate court order. This is the cleaner path, and it is one of the strongest arguments for drafting a proper will in the first place.
• Court authorization under Fla. Stat. §733.612(2). When the will is silent, or when there is no will at all, the personal representative petitions the court for an order authorizing the sale. Section 733.613 governs the procedure and gives the court power to approve the transaction on terms it finds appropriate.

Under Fla. Stat. §733.607, the personal representative also takes possession of estate property, which means the PR is the one responsible for securing the home, paying the insurance, keeping the lawn cut, and dealing with the HOA—all of which become real expenses in a Palm Beach estate that drags on for a year.

The self-dealing trap

Personal representatives sometimes want to buy the property themselves, or sell it to a relative at a friendly price. Florida treats this with suspicion. Under Fla. Stat. §733.610, any sale or encumbrance by the personal representative to themselves, their spouse, agent, or attorney—or to an entity in which the PR has a substantial interest—is voidable by any interested person, unless the will authorized it or the court approved it after notice. If you are a PR and you have any personal interest in the buyer, get court approval first. It is far cheaper than litigating a voided sale two years later.

Homestead changes everything

Florida’s homestead rules are unlike anything else in the country, and they routinely surprise families and out-of-state buyers alike. If the Palm Beach property was the decedent’s homestead, it may pass outside the probate estate entirely and may be constitutionally protected from the claims of most creditors under Article X, Section 4 of the Florida Constitution.

That protection is a double-edged sword. On one hand, it can shield the family home from the decedent’s credit card companies and medical creditors. On the other hand, homestead status often cannot be confirmed without a court order determining that the property was, in fact, the decedent’s homestead and identifying who inherited it. Until that determination is entered, a careful title underwriter may balk at insuring the sale.

Two practical points I make to every Palm Beach client:

1. Homestead descends to heirs subject to constitutional limits on devise. If the decedent was survived by a spouse or minor child, Florida restricts how the homestead can be left in a will, and the property may vest in heirs by operation of law rather than through the probate sale process.
2. Protected homestead generally is not available to pay general creditors. That means a homestead sale can sometimes proceed and distribute proceeds to heirs even while creditor claims are pending against the rest of the estate—but only once the homestead character is judicially established.

Creditor claims and the sale proceeds

This is where our firm’s focus on creditor-heavy estates earns its keep. Selling the house is often the moment a probate estate finally has liquid money—and that is exactly the moment creditors are watching. Florida’s claims process is strict and deadline-driven.

The personal representative must publish a Notice to Creditors and serve known or reasonably ascertainable creditors directly. Under Fla. Stat. §733.702, a creditor generally must file its claim by the later of three months after the first publication of the notice or thirty days after being served. Claims filed after the statutory window are barred, subject to narrow exceptions and the absolute two-year limit in Fla. Stat. §733.710.

Once valid claims are on the docket, Fla. Stat. §733.705 governs the order and manner of payment. The practical consequence for a real estate sale is blunt: if the estate’s other assets are not enough to satisfy creditors and administrative costs, the proceeds from the house may have to go to those creditors before heirs receive anything. A PR who distributes sale proceeds to the family while a claim is outstanding can be held personally liable.

How creditors affect the closing itself

• Liens and mortgages survive. A recorded mortgage, judgment lien, or unpaid property tax follows the property and must usually be paid at closing out of the gross proceeds.
• Medicaid estate recovery. If the decedent received Medicaid benefits, Florida’s Agency for Health Care Administration may assert a claim against the estate, and that claim can attach to non-homestead sale proceeds.
• Title objections. Underwriters in Palm Beach commonly require proof that the claims period has run, or an indemnity/escrow holdback, before they will insure a sale that closes early in the administration.

For a deeper look at how administration and claims interact, our affiliated office’s overview of walks through the same creditor-first logic that governs Florida estates, even though the statutory citations differ by state.

The step-by-step path to a clean estate sale

1. Open probate and obtain Letters of Administration. No marketing, no signed contract before this. A real estate agent who lists the property before letters issue is setting up a contract no one can enforce.
2. Confirm the source of authority. Power of sale in the will, or a §733.612 petition for court authorization.
3. Determine homestead status. File for a determination of homestead if the property was the decedent’s residence. This shapes both creditor exposure and who must sign.
4. Publish and serve the Notice to Creditors. Start the §733.702 clock as early as possible so the claims window is closing while the property is being marketed.
5. Market, contract, and order title. Disclose probate status to buyers; expect underwriter conditions.
6. Resolve claims and liens before disbursing. Pay or escrow for valid claims under §733.705 before any distribution to heirs.
7. Close, account, and distribute. The PR signs the deed, the proceeds flow into the estate account, and distribution follows only after creditors and costs are handled.

Common mistakes I see in Palm Beach estate sales

The recurring errors are almost always about sequence and authority, not price:

• Signing a listing agreement or sales contract before Letters of Administration issue.
• Assuming a will’s general language includes a power of sale when it does not.
• Distributing sale proceeds to heirs while creditor claims remain open—exposing the PR to personal liability.
• Treating a homestead like ordinary estate property, or vice versa.
• Ignoring a contested will, which can freeze a sale entirely. If an heir challenges the will, the process resembles the way a in other jurisdictions, and a clouded will can stall a closing for months.

When to bring in a probate attorney

Florida requires that formal administration estates be represented by a licensed attorney in nearly all cases, so the question is usually not whether to hire counsel but when. The answer is before you list the property—not after a closing falls apart. An experienced lawyer confirms the personal representative’s authority, sequences the creditor notice correctly, and structures the closing so the title company will insure it the first time.

Our Palm Beach practice concentrates on estates where creditors, liens, and claims complicate the picture, and we coordinate with our Florida colleagues on statewide. If you are a personal representative trying to sell a Palm Beach home, or an heir worried that creditors will swallow the proceeds, start with a conversation. You can review our Florida probate resources or contact our office to map out the sale before any deadline runs against you.

Frequently Asked Questions

Can a personal representative sell estate real estate in Florida without court approval?

Yes, if the decedent’s will expressly grants the personal representative a power of sale, the PR can generally sell without a separate court order. If the will is silent or there is no will, the PR must petition the probate court for authorization to sell under Fla. Stat. §733.612(2) and the procedure in §733.613.

Do creditors get paid before heirs when an estate home is sold?

Usually, yes. Sale proceeds typically become part of the estate, and valid creditor claims plus administrative costs are paid under Fla. Stat. §733.705 before heirs receive anything. A personal representative who distributes proceeds while claims are still open can be held personally liable. Protected homestead proceeds are often an exception because homestead is generally shielded from most creditors.

How long do creditors have to file a claim against a Florida estate?

Under Fla. Stat. §733.702, a creditor generally must file by the later of three months after first publication of the Notice to Creditors or thirty days after being served. Claims filed late are barred, subject to limited exceptions and the two-year outer limit in Fla. Stat. §733.710. Title underwriters often want this window closed before insuring an estate sale.

Does homestead property have to go through probate before it can be sold?

Florida homestead often passes outside the probate estate and is constitutionally protected from most creditors, but you typically need a court determination of homestead status before a title company will insure the sale. That order confirms the property was the decedent’s homestead and identifies who inherited it.

Can a personal representative buy the estate's property themselves?

Only with caution. Under Fla. Stat. §733.610, a sale by the personal representative to themselves, a spouse, an agent, an attorney, or a controlled entity is voidable by any interested person unless the will authorized it or the court approved it after notice. Always get court approval before any insider purchase.