Who Has the Legal Authority to Sell a Deceased Person's Property in Florida

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Personal Representative (Executor) in Probate

If the property is part of a probate estate, the personal representative—sometimes called the executor—is the person legally authorized to act on behalf of the deceased. 

The personal representative is usually: 

• Named in the deceased person’s will, or 

• Appointed by the court if there is no will 

Their responsibilities include managing the estate, paying debts, and distributing assets according to the will or Florida law. Importantly, they cannot sell real estate without court approval unless the will or Florida statutes provide explicit authority. 

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Court Approval

For probate properties, the court may issue an order authorizing the personal representative to sell the property. This ensures: 

• Debts and taxes are properly handled 

• Beneficiaries’ rights are protected 

• The sale is legally binding 
  

Without court authorization, a sale could be considered invalid. 

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Properties Outside Probate

Not all property must go through probate. For example: 

• Joint tenancy with right of survivorship – passes directly to the surviving owner 

• Tenancy by the entirety – typically used by married couples 

• Living trusts or Lady Bird deeds – allows property to transfer to beneficiaries automatically 
  

In these cases, the surviving owner or named beneficiary has the legal authority to sell the property without court involvement. 

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The Bottom Line

In Florida, the personal representative has the legal authority to sell property that is part of a probate estate, but they usually need court approval. Properties held in joint ownership, trusts, or with certain deeds can often be sold directly by the surviving owner or beneficiary. 

Understanding who has the authority to sell is critical to avoid delays or legal complications, especially when preparing a home for sale. 

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