Selling a Property When There is No Will in Florida
- Darlene Jones
- Mar 27
- 1 min read
Who Manages the Estate?
If there is no will, the court appoints a personal representative (formerly called an administrator) to manage the estate. This person has the legal authority to sell property, pay debts, and distribute assets according to Florida’s intestacy laws.
The court’s involvement ensures that:
Creditors are paid
Beneficiaries inherit according to state law
The sale is legally valid
How Property Is Distributed Without a Will
Florida law determines who inherits property when there is no will:
Spouse and children – usually share the estate
Children only – inherit the estate if there is no spouse
Other relatives – if no spouse or children exist, assets pass to parents, siblings, or more distant relatives
The personal representative must follow these rules when selling the property.
Selling the Property
To sell property in an intestate estate:
The court appoints a personal representative.
The property may be listed for sale, but the personal representative usually needs court approval to complete the sale.
Proceeds from the sale are used first to pay debts and taxes.
Remaining funds are distributed to heirs according to Florida law.
Trying to sell without proper authority can lead to legal disputes or challenges from family members.
Bottom Line
When there is no will, selling a property in Florida requires court supervision. The personal representative handles the sale, ensures debts are paid, and distributes proceeds to heirs according to state law.
Even though the process can take longer, understanding the rules helps families avoid delays and legal issues when selling a property after a loved one passes away.
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