When someone passes away owning a Florida home in their own name—with no living trust, joint owner, or beneficiary deed—that property usually has to go through probate before it can be sold. The good news: it can be sold. It just takes a few extra steps.
Who has the authority to sell?
Only the personal representative appointed by the probate court can sell the home. Their power to do so comes either from the will (many wills grant the personal representative authority to sell real estate) or, if the will is silent, from a court order authorizing the sale.
The homestead wrinkle
Florida’s homestead protections add a twist. A protected homestead often passes directly to heirs outside the normal probate estate, which can limit the personal representative’s ability to sell it without the heirs’ involvement. Determining whether a property is protected homestead is a key early step.
What buyers should expect
A probate sale typically takes longer than an ordinary closing because the estate must be opened, the personal representative appointed, and any required court approval obtained first. Working with an attorney who handles both probate and real estate keeps the sale on track and the title clean.