Selling a House in Probate in Florida: A Guide for Personal Representatives

If you have been named personal representative of a Florida estate that includes a house, you are now responsible for protecting that property and, in many cases, selling it. This guide explains what the job usually involves on the real estate side, in plain language, so you know what to expect before you talk with buyers.

The short answer: in a Florida probate estate, the court-appointed personal representative is the person who signs the listing agreement, the sales contract and the closing documents for the estate. Your probate attorney confirms when you have that authority and whether any court approval is needed.

What a personal representative does with the house

• Protects it: keeps it locked, insured, maintained and current on the mortgage, taxes and HOA dues, paid from estate funds.
• Values it: gets an opinion of value so the estate can be inventoried and the family can plan.
• Decides with the heirs: keep, distribute or sell, following the will and your attorney's advice.
• Sells it, if that's the plan: lists it, reviews offers and signs for the estate.
• Accounts for it: keeps records of expenses and sale proceeds for the estate's accounting.

Summary vs. formal administration

Florida has more than one type of probate. Smaller or older estates may qualify for a shorter process, while others go through formal administration with a personal representative appointed by the court. The type affects timing and who signs, so ask your attorney which one applies before you set a listing date.

Homestead property needs extra care

A Florida home the deceased lived in may be protected homestead property, which follows special rules about who inherits it and how it can be sold. If the house was the decedent's primary residence, raise homestead with your attorney early; it can change who must sign.

Can you list before probate is finished?

Often, yes. Many estates prepare and list the home once the personal representative is appointed, and close when the attorney confirms everything is in place. Preparing early saves weeks, especially for cleanouts and repairs.

As-is or prepared?

Estates rarely want to put large sums into a property. A useful approach is to compare three net numbers: selling as-is, after a cleanout and light prep, and after repairs. That comparison also helps when heirs disagree, because it puts everyone on the same set of facts. See our probate and inherited homes page for how we handle this.

Common mistakes to avoid

1. Letting insurance lapse or not telling the insurer the home is vacant.
2. Throwing out paperwork (deeds, statements, warranties) during the cleanout.
3. Letting relatives move in or take items before the estate plan is clear.
4. Pricing from an online estimate instead of a local valuation.
5. Signing anything before your attorney confirms your authority.

Frequently asked questions

Who signs the contract when a house is in probate in Florida?

The court-appointed personal representative signs for the estate. If the home was in a trust or jointly owned with survivorship rights, the trustee or surviving owner usually signs instead.

Do all heirs have to agree to sell?

It depends on the will, the type of administration and whether the home is homestead. Your probate attorney can explain whether heir consent or a court order is needed.

Who pays the bills on the house during probate?

Generally the estate pays the mortgage, taxes, insurance and upkeep from estate funds until the home is sold or distributed.

Get help from Marc George Residential

Marc George Residential, powered by Keller Williams Realty, has served Central Florida for over 20 years. We work alongside your probate attorney to value, prepare and sell estate homes in Orange, Seminole, Osceola, Lake and Volusia counties. Call or text (407) 702-4307 for a free probate home valuation.

This article is general information, not legal or tax advice. Please consult your probate attorney and CPA about your estate.