What Are an Executor's Duties When Selling a House in Florida?

Disclosure: Pallas Growth is a cash home buyer. The information in this article is intended to be educational and objective. We also provide the cash purchase services described here.

In Florida, the person responsible for managing a deceased person's estate is called the personal representative — what most people know as the "executor." This role carries significant legal responsibilities, and when the estate includes real property, those responsibilities become especially important to get right. For a broader overview of the process, start with our guide on how probate works in Florida, or visit our Florida probate property page.

If you've been named personal representative of a Florida estate — or if you're an heir trying to understand what the PR should be doing — this guide walks through every duty related to selling estate real property, from the moment you're appointed to the moment the closing check is deposited in the estate account.

The most important thing to understand upfront: in Florida, you cannot sell estate real property on your own authority alone. Even with Letters of Administration in hand, you must obtain a court order before signing a deed. There are no exceptions for urgency or for small properties.

Duty 1: Understand Your Fiduciary Obligation

Before taking any action as personal representative, understand that you are a fiduciary. Under Florida Statute §733.602, you must act in the best interest of the estate and all beneficiaries — not in your own personal interest or in favor of any particular heir.

Fiduciary duty in Florida probate includes:

• Duty of Loyalty: You cannot self-deal. You cannot buy estate property for yourself at below-market value, pay yourself excessive fees, or steer business to companies you own.
• Duty of Prudence: You must manage estate assets as a prudent person would manage their own — insuring property, maintaining it, not leaving it vacant and unsecured for extended periods.
• Duty of Impartiality: You must treat all beneficiaries fairly, not favoring one heir over another in decisions about the estate.
• Duty of Disclosure: You must keep all beneficiaries reasonably informed about estate administration — including the terms of any proposed property sale.

A personal representative who breaches these duties can be surcharged — personally required to repay losses to the estate, even if the loss resulted from a well-meaning mistake. This is why working with a probate attorney is so important.

Duty 2: Qualify as Personal Representative and Receive Letters of Administration

Your authority as personal representative does not begin when you are named in the will. It begins when the circuit court appoints you and issues Letters of Administration. Until that document is in your hands, you have no legal authority to act on behalf of the estate.

To receive Letters, you must file a probate petition, file the will for admission if one exists, take an oath of office, and in most cases post a bond (unless the will waives bond or all beneficiaries consent to waiver). Once the court issues Letters — typically within 2 to 6 weeks of filing in most counties — you are officially empowered to act.

You will need multiple certified copies of Letters of Administration (not just photocopies). Banks, title companies, real estate agents, and government agencies each require an original or certified copy with the court's seal. Order at least 6 to 10 certified copies upfront — they cost just a few dollars each and running out will cause delays.

Duty 3: Take Inventory and Have Property Appraised

Within 60 days of appointment (unless granted an extension), you must file an inventory of all estate assets with the court. Real property must be listed at its fair market value as of the date of death, typically established by a licensed real estate appraiser.

This appraisal serves multiple purposes: it establishes the estate's gross value (which determines whether formal or summary administration applies), it may be needed for federal estate tax purposes, and it sets the "stepped-up basis" for capital gains calculations when heirs eventually sell the property.

If the property is being sold during probate, the appraisal is also what the court will use to evaluate whether your proposed sale price is reasonable. Courts generally will not approve a sale significantly below the appraised value without compelling justification (such as the need to pay urgent debts or avoid deterioration).

Duty 4: Publish Notice to Creditors and Manage the Creditor Period

Immediately after appointment, publish a Notice to Creditors in a local newspaper for two consecutive weeks. The 90-day creditor claim period begins with the first publication. Known creditors — mortgage lenders, medical providers, credit card companies — must be notified directly and have 30 days to file a claim.

During this period, your primary duties with respect to the property are: maintain it and protect its value. This means paying the mortgage (from estate funds), maintaining homeowner's insurance, securing the property from unauthorized entry, keeping utilities on to prevent mold and deterioration, and arranging minimal landscaping to prevent code violations. Failure to maintain estate property can expose you to personal liability if its value declines due to your neglect.

Duty 5: File a Petition to Sell Real Property and Obtain a Court Order

This is the step that most first-time personal representatives don't anticipate. Even with Letters of Administration, you cannot sign a deed and transfer estate real property without a separate court authorization.

Under Florida Statute §733.613, you must file a Petition to Sell Real Property with the probate court. The petition must include:

• A description of the property (legal description from the deed)
• The proposed sale price and material terms
• A statement of why the sale is in the estate's best interest
• The identity of the buyer (if known — not required at filing)
• The appraised value (or an opinion of value from a licensed professional)

Notice is provided to all interested parties — beneficiaries, heirs-at-law, and known creditors. They have an opportunity to object. In the absence of objections, the court typically reviews the petition on the papers and issues an Order Authorizing Sale of Real Property within 2 to 6 weeks of filing.

Key practical tip: You can file the petition and have a buyer under contract simultaneously. Having a cash buyer ready to close as soon as the order is issued avoids the delay of finding a buyer after the court process completes. See our guide on selling during probate in Florida for the full walkthrough.

Duty 6: Execute the Deed and Close the Sale

Once you have the Order Authorizing Sale in hand, you can sign the deed and proceed to closing. The deed must be signed in your official capacity as personal representative — not in your personal capacity. The correct form is typically: "[Your Name], Personal Representative of the Estate of [Decedent Name], Deceased."

Documents the title company will require at closing:

• Certified copies of Letters of Administration
• Certified copy of the Order Authorizing Sale of Real Property
• Certified death certificate
• The deed signed by you as personal representative
• Any lien releases or payoff letters (mortgage, HOA, IRS if applicable)
• Your government-issued ID

Sale proceeds are deposited directly into the estate's bank account — not distributed to beneficiaries at closing. The funds remain in the estate to pay outstanding debts, estate expenses, and the personal representative's compensation (if any) before distribution to heirs.

Duty 7: Pay Creditors and Prepare the Final Accounting

After the creditor period expires and all claims are filed, you must pay valid creditor claims in the order of priority established by Florida Statute §733.707. The statutory priority order (simplified) is: costs of administration first, then funeral expenses, then family allowances, then domestic support obligations, then federal taxes, then state taxes, then medical expenses of last illness, then all other creditors.

After paying all valid claims, you prepare a Final Accounting — a detailed report showing every asset that came into the estate (including property sale proceeds), every expense paid (debts, professional fees, court costs), and the amount remaining for distribution. The accounting is filed with the court and provided to all beneficiaries.

If all beneficiaries agree to waive formal accounting, you can prepare an informal statement and proceed to distribution without a court hearing. If a beneficiary objects to the accounting, the matter goes before the probate judge. After the accounting is approved, you distribute the remaining assets to beneficiaries and file a Petition for Discharge to formally close the estate.

Common Mistakes Florida Personal Representatives Make

Signing a deed before the court order. This is the most serious error — it creates a title defect and can result in personal liability. No exceptions.

Letting the property deteriorate. Failure to maintain the property (skipping insurance, letting utilities lapse, not securing it) can result in liability to the estate if the value declines.

Distributing before paying creditors. If you distribute assets to heirs and a valid creditor claim surfaces afterward, you can be personally liable to that creditor.

Selling below appraised value without justification. If you accept an offer significantly below appraisal without documenting why it is in the estate's best interest, you risk a surcharge action from unhappy beneficiaries.

Missing filing deadlines. The inventory is due within 60 days of appointment; the creditor notice must be published promptly. Missing these creates liability and delays.

Frequently Asked Questions

Q: What documents does a Florida personal representative need to sell estate real estate?

You'll need: (1) certified copies of Letters of Administration; (2) the court Order Authorizing Sale of Real Property; (3) a certified death certificate; (4) the deed signed by you as personal representative; and (5) any title or lien clearance documentation required by the title company. A cash buyer experienced in probate closings will have a document checklist ready and will guide the title process.

Q: Can a Florida personal representative sell estate property without court approval?

No. Under Chapter 733 of the Florida Statutes, a personal representative must obtain an Order Authorizing Sale of Real Property before completing any sale of estate real estate. Selling without this order creates a title defect that can unwind the transaction and expose you to personal liability.

Q: What is the personal representative's fiduciary duty in Florida?

Under Florida Statute §733.602, you are a fiduciary who must act in the best interest of the estate and all beneficiaries. This includes duties of loyalty (no self-dealing), prudence (manage assets responsibly), impartiality (treat all beneficiaries fairly), and disclosure (keep beneficiaries informed). Breaching these duties can result in surcharge — being personally required to repay losses to the estate.

Q: Can the personal representative sell estate property to themselves?

Generally no — this is self-dealing and a breach of fiduciary duty. A personal representative who is also a beneficiary may purchase estate property in certain circumstances, at fair market value with full disclosure and ideally court approval. Any such transaction requires careful legal guidance and complete transparency with all other beneficiaries.

Q: What happens if the personal representative sells property without a court order in Florida?

Completing a sale without a court authorization order creates a serious title defect. The deed may be voidable — meaning interested parties could challenge the sale. The personal representative would be personally liable for resulting losses. Title companies require the court order before insuring the transaction precisely to avoid this scenario.

The Bottom Line: Know the Rules, Move Efficiently

Florida's probate system requires personal representatives to follow a structured, court-supervised process for selling real property. The rules exist to protect beneficiaries and creditors — and they can be navigated efficiently if you understand each step and move promptly.

The most important insight for personal representatives: start the court authorization process early. File the Petition to Sell Real Property as soon as you have a prospective buyer — or even before. Having an Order in hand and a cash buyer ready to close quickly is how personal representatives minimize carrying costs and move the estate to final distribution as fast as possible.

If you're administering a New Jersey estate, the process is meaningfully different — see our guide on executor duties when selling a house in New Jersey. And when you're ready to move forward on a sale, see how to sell a probate property fast for cash.