Updated September 2026 · By Chris Romany, Founder of House Solutions USA · Buying houses in Central Florida since 2013
The Short Answer
Yes. If you have been named executor (Florida calls the role “personal representative”), you can usually sell the house while probate is still open. You do not have to wait for the estate to close. What you need first is legal authority: the court must appoint you and issue “letters of administration.” After that, whether you can sell on your own signature or need a judge’s approval depends on what the will says.
This guide is the executor’s roadmap: who can sign, the steps in order, what the process costs and the mistakes that get executors into trouble. It is written for personal representatives in Orange, Seminole, Osceola, Polk and South Lake counties, including those who live out of state. If you are an heir trying to figure out who owns the house and how it was titled, read our guide to selling an inherited house in Florida first.
Please note: We are house buyers, not attorneys or tax experts. This article is general education only. Always consult a Florida probate attorney before you act as a personal representative or sign a contract to sell estate property, and a CPA before making decisions that affect your taxes.
What Changed in 2026
- The small-estate limit doubled. Florida’s summary administration limit rose from $75,000 to $150,000 on July 1, 2026. It applies to people who die on or after that date; earlier deaths generally stay under the old $75,000 limit, and any estate can use summary administration once the owner has been dead more than two years. A protected homestead doesn’t count toward the cap (Ginsberg Shulman). Summary administration has no personal representative at all, so the steps below apply mainly to formal administration.
- Executors got a new tool against obstruction. A new section of the probate code (733.6125) says that when a personal representative has to go to court to enforce their authority, the court shall award the prevailing representative costs and attorney fees. The judge may charge them to the person whose action made the proceeding necessary (Florida Statutes).
Who Can Sign the Deed?
This is the question that decides how fast a sale can move. Florida’s probate code draws the line in section 733.613 (Florida Statutes):
| Situation | Who signs | Court approval needed? |
|---|---|---|
| The will gives the personal representative a specific power to sell real property, or a general power to sell any estate asset | The personal representative | No. The sale is valid without court authorization or confirmation. |
| No will, or the will has no power of sale (or one too limited to use) | The personal representative | Yes. The representative may sell if it is in the estate’s best interest, but no title passes until the court authorizes or confirms the sale. |
| Summary administration | The beneficiaries named in the court’s order (there is no personal representative) | The order itself is the authority |
| The house was the owner’s protected homestead | Everyone the court’s homestead order names as an owner | Usually a homestead order first. See our inherited house guide. |
Ask your attorney early which row you are in, and ask the title company what paperwork it will require.
The Steps, in Order
- Hire a Florida probate attorney. Probate Rule 5.030(a) requires a personal representative in a formal administration to be represented by an attorney, unless the representative is the only person with an interest in the estate (Florida courts). Choose one in the county where the case will be filed, especially if you live out of state.
- Get appointed. Your attorney files a petition in the county where the owner lived. The court issues letters of administration, and you will usually post a bond unless the will or the court waives it (section 733.402). Your authority begins on appointment.
- Protect the house. A personal representative must take reasonable steps to manage and preserve estate property. The house still needs to be insured, secured and maintained, and utilities, HOA dues, taxes and any mortgage payments keep accruing while probate is open. Tell the insurance company about the death, change the locks and keep the yard maintained.
- Value the house. You must file an inventory listing each asset at its estimated fair market value on the date of death. Recent sales of similar nearby homes are free to look up online, and the statute asks only for an estimate, not a paid appraisal. Any beneficiary can ask in writing how you arrived at a value, or for a copy of the appraisal if you obtained one (section 733.604). That same number is also the heirs’ starting point for capital gains tax, which we explain in our capital gains guide.
- Notify beneficiaries and creditors. The personal representative serves a notice of administration on the surviving spouse and beneficiaries, and publishes a notice to creditors once a week for two consecutive weeks in a newspaper in the county. If the owner was 55 or older, a copy of the notice and the death certificate must also go to the Agency for Health Care Administration within three months after the first publication (section 733.2121). Creditors generally have three months from first publication to file claims (section 733.702).
- Confirm your authority to sell. Use the table above. Your attorney will tell you whether a court order is needed before closing.
- Choose how to sell. You can list the house, sell it as-is to a cash buyer, or sell to a beneficiary. Look closely at that last option (see “Watch for conflicts of interest” below).
- Sign the contract as the personal representative. A personal representative is not personally liable on a contract properly signed in that role, as long as the contract identifies the estate and the representative capacity (section 733.619). Sign as “Personal Representative of the Estate of [name],” not just with your own name.
- Get court approval if the table says you need it. Your attorney petitions the court to authorize or confirm the sale.
- Close and handle the money. A local title company handles the closing. The proceeds go into the estate account. They are used to pay the mortgage, expenses and valid claims, and the rest is distributed under the will or the court’s order.
Tap the arrows to see each step.
Watch for conflicts of interest. A sale to the personal representative, or to the representative’s spouse, agent or attorney, can be undone by any interested person who didn’t consent after full disclosure. The exceptions are a sale the will or the owner’s own contract allowed, or one the court approved after notice to everyone (section 733.610). If you or a relative want to buy the house, get the court’s approval first.
What It Costs and How Long It Takes
Florida sets “presumed reasonable” fees for both the attorney and the personal representative in a formal administration. They are based on the value of the probate estate, and both are negotiable.
Here is what the statutes produce for a $300,000 probate estate. This is an example, not a quote:
| Who is paid | Formula in the statute | Presumed reasonable fee |
|---|---|---|
| Attorney for the personal representative | $3,000 for the first $100,000, plus 3% of the next $900,000 (section 733.6171) | $9,000 |
| Personal representative (executor) | 3% of the first $1 million (section 733.617) | $9,000 |
Two things to know about those numbers:
- Neither fee is mandatory. The attorney must tell you in writing that there is no required statutory fee and that the fee is negotiable. A personal representative can also renounce all or part of their own commission, which the statute allows.
- The house may not count toward the estate’s value. A protected homestead is not an asset in the personal representative’s hands, so it isn’t always included in the fee base.
Timeline. Two periods are fixed by law: the creditor notice runs for two consecutive weeks, and creditors generally have three months after first publication to file claims. Everything else depends on the court’s calendar, your attorney and whether the heirs agree. You can usually sign a sale contract long before the estate closes.
If You Live Out of State
Many of the executors we work with live in another state. Florida allows it, but only for close family. A person who isn’t domiciled in Florida can serve only if they are a legally adopted child or adoptive parent of the decedent, related to the decedent in a direct line, a spouse, brother, sister, uncle, aunt, nephew or niece, or someone related in a direct line to any of those relatives, or the spouse of someone otherwise qualified (section 733.304). Otherwise the court will appoint a Florida resident.
If you qualify, these steps help:
- Hire an attorney in the county where the case is filed, not one from your hometown who doesn’t practice Florida probate.
- Line up someone local to secure the house, meet insurance and utility companies, and keep the yard in shape.
- Ask the title company how you can sign the closing documents from out of state.
Common Problems and How to Avoid Them
- The heirs disagree. With several personal representatives, a majority must agree on estate acts under a will signed after October 1987 (section 733.615). Among heirs, agree early on who pays the carrying costs, and read our advice on when heirs don’t agree.
- The mortgage or taxes go unpaid. Mortgage payments and property taxes don’t pause for probate. Keep the mortgage and property taxes current until closing, and ask your attorney how to handle any money you advance personally. Unpaid property taxes can lead to a tax deed sale.
- You miss a creditor notice. If a personal representative fails in good faith to give a required notice, the statute puts any resulting liability on the estate rather than on you personally. Your attorney should still track every notice deadline.
- You take too long. The law says a personal representative should settle the estate as expeditiously as is consistent with the estate’s best interests. Taxes, insurance, utilities and any mortgage payments keep accruing while the house sits.
How House Solutions USA Works With Personal Representatives
We have been buying houses in Central Florida since 2013, and estates are a large share of what we buy. We know the sale has to fit around the court’s timeline, not the other way around:
- Call 407-738-1581 or fill out our cash offer form. Tell us about the house and where the estate stands.
- We see the house once, at your convenience. You leave behind anything you don’t want.
- You get a written offer on the standard Florida contract. You and your attorney decide whether it makes sense.
- Your attorney handles any court approval. We are flexible on timing while the court acts.
- A local title company closes the sale. We pay the closing costs and you choose the closing date.
We buy estate houses in Orange County, Seminole County, Osceola County, Polk County and South Lake County.
Frequently Asked Questions
Yes. Once the court appoints you and issues letters of administration, you can sell without waiting for the estate to close. Whether you need the judge’s approval depends on the will.
Not if the will gives you a power to sell real property, and the sale isn’t of a protected homestead. Check your letters of administration for any court-imposed restrictions. If the owner left no will, or the will has no usable power of sale, no title passes until the court authorizes or confirms the sale.
In a formal administration, yes, unless you are the only person with an interest in the estate. Florida Probate Rule 5.030(a) requires representation by a Florida attorney.
Generally three months after the first publication of the notice to creditors. Creditors who must be served directly have at least 30 days after they receive the notice, if that is later.
Yes, but a sale to the personal representative, or to their spouse, agent or attorney, can be undone by any interested person unless the will allowed it or the court approved it after notice. Get approval first.
Only if you are close family, such as a child, parent, spouse, sibling, aunt, uncle, niece or nephew of the decedent. Otherwise the court appoints a Florida resident.
There is no personal representative. Once the judge signs the order, the beneficiaries it names sign the deed. The limit is $150,000 in non-exempt assets for deaths on or after July 1, 2026, or any amount if the owner died more than two years ago.
The mortgage is usually paid off from the sale proceeds at closing. Keep making payments until then so the loan doesn’t go into default.
Disclaimer: House Solutions USA is a home buying company. We are not attorneys, CPAs or tax advisors, and nothing in this article is legal or tax advice. Probate rules change and every estate is different. Before you act as a personal representative, sign a contract to sell estate property or make any decision that could affect your taxes, consult a licensed Florida probate attorney and a CPA.