Quick answer: In Florida, an executor is called a personal representative. A personal representative can usually sell a house owned by the estate once the court issues Letters of Administration, either under a power of sale in the will or with a court order. A successor trustee can usually sell a house held in a living trust without going through probate at all, as long as the trust gives them that power. Protected homestead property follows its own rules and often passes directly to heirs.

If you have just been named to handle a loved one’s estate, the house is often the biggest and most stressful asset to deal with. This guide walks through who has authority to sell, what paperwork title companies ask for, and how to avoid the most common delays.

Who Has the Legal Authority to Sell the House?

Authority depends on how the property was titled when the owner passed away. Before anyone lists the house or signs an offer, confirm which of these situations applies:

  • The house is in the decedent’s name alone and goes through probate. The court-appointed personal representative handles the sale once Letters of Administration are issued.
  • The house is held in a revocable living trust. The successor trustee named in the trust document manages the sale under the trust’s terms, usually with no probate needed.
  • The house was owned jointly with rights of survivorship, or as tenants by the entirety with a spouse. Ownership typically passes to the surviving owner automatically, who can then sell in their own name.
  • The house was the decedent’s Florida homestead. Homestead property is often protected from creditors and may pass directly to a surviving spouse or heirs. A court determination of homestead is commonly needed before a title company will insure a sale.
  • The house has a Lady Bird (enhanced life estate) deed or similar transfer-on-death arrangement. The named beneficiaries usually take ownership directly and sell it themselves.

Selling as a Personal Representative (Executor) in Florida

Step 1: Get appointed by the court

Being named as executor in the will does not give you authority on its own. You need to open probate and receive Letters of Administration from the circuit court in the county where the decedent lived. Smaller or older estates may qualify for summary administration, which is faster and may not require a personal representative at all.

Step 2: Check whether the will grants a power of sale

If the will gives the personal representative the power to sell real property, the sale can usually move forward without a separate court order. If it does not, or if there is no will, the personal representative generally needs the court to authorize or confirm the sale. Your probate attorney will tell you which applies.

Step 3: Keep the property secure and insured

Until the house is sold, the personal representative is responsible for protecting it. That usually means changing the locks, keeping insurance active (many policies change once a home is vacant), maintaining utilities to prevent damage, and keeping up with property taxes and any mortgage payments.

Step 4: Coordinate with the beneficiaries

Even when the personal representative has legal authority, communicating early with beneficiaries prevents objections later. Share the offer, the estimated net proceeds, and the timeline in writing. Written consent from beneficiaries is often requested by title companies and can help prevent disputes.

Step 5: Close and account for the proceeds

Sale proceeds go into the estate account, not to individual heirs directly. They are used to pay valid estate debts and expenses first, then distributed according to the will or Florida intestacy law once the court process allows.

Selling as a Successor Trustee

When the house is held in a living trust, the successor trustee steps in when the original trustee passes away. In most cases the trustee can sell without opening probate. Expect a title company to ask for:

  • A copy of the death certificate of the original trustee
  • A certification of trust or the relevant pages of the trust showing the successor trustee’s authority and power to sell
  • Confirmation that the property deed is actually titled in the name of the trust

A trustee has a duty to act in the best interest of all beneficiaries. That means getting a fair price, documenting how the price was reached, and keeping beneficiaries informed. If the deed was never transferred into the trust, the house may still need to go through probate.

Documents You Will Usually Need

  • Certified copy of the death certificate
  • Letters of Administration (personal representative) or the trust certification (trustee)
  • A copy of the will or trust
  • Court order authorizing the sale, if the will does not grant a power of sale
  • Order determining homestead status, if the property was the decedent’s homestead
  • Most recent mortgage statement, property tax bill, and HOA information
  • Written consent from beneficiaries, when requested by the title company

Common Problems Executors and Trustees Run Into

Beneficiaries who disagree about selling

One sibling wants to keep the house, another wants to sell, and a third wants to rent it out. The person with legal authority can usually sell, but going ahead without agreement invites delays and objections. A clear written offer and a simple breakdown of what each heir would receive often resolves the deadlock faster than arguing over a listing price.

A house that needs major repairs

Many inherited homes have deferred maintenance, outdated systems, or years of belongings inside. Spending estate money on repairs before a traditional listing ties up cash and time. Selling as-is to a direct buyer avoids that cost and lets you leave unwanted items behind.

Mortgages, liens, and back property taxes

Debts attached to the house do not disappear when the owner dies. They are generally paid off at closing from the sale proceeds. A title search early in the process shows exactly what needs to be cleared.

Living out of state

Many personal representatives and trustees live far from the property. Handling cleanouts, contractors, and showings remotely is difficult. A buyer who can close with a mobile notary or by mail removes most of that burden.

Your Options for Selling the Estate’s House

Listing with an agent can make sense when the house is in good condition, the estate can carry the holding costs, and the beneficiaries agree on price and timing. Expect repairs, showings, commissions, and a closing date that depends on the buyer’s financing.

Selling directly to a cash buyer like Rest Assured Home Buyers can make sense when the house needs work, the heirs want a quick and certain result, or the personal representative lives out of state. There are no repairs, no showings, no agent commissions, and you choose the closing date. We work alongside your probate attorney and title company so the sale fits the court process.

Frequently Asked Questions

Can an executor sell a house before probate is complete in Florida?

Yes, in many cases. Once the personal representative has Letters of Administration and either a power of sale in the will or a court order, the house can often be sold while the rest of probate continues. The proceeds are then held in the estate account.

Do all beneficiaries have to agree to sell an inherited house?

Not always. A personal representative with a power of sale, or a trustee with authority under the trust, can usually sell without unanimous agreement. Beneficiaries can still object to the court if they believe the sale is unfair, so documenting a fair price and keeping everyone informed matters.

Does a successor trustee need to go through probate to sell a house?

Usually not, as long as the house was properly deeded into the trust before the owner passed away. The trustee sells under the authority granted by the trust document.

How long does it take to sell a house as a personal representative?

Getting appointed can take anywhere from a few weeks to a few months depending on the county and the estate. Once you have authority, a direct cash sale can close in as little as a couple of weeks, compared with a few months for a typical listing.

Who pays the mortgage on an inherited house before it sells?

The estate or trust is generally responsible for keeping payments current while the house is being sold. Heirs are not usually personally responsible for the decedent’s mortgage, but missed payments can lead to foreclosure and reduce what the beneficiaries ultimately receive.

Can an out-of-state executor sell a house in Florida?

Yes. Florida allows certain relatives of the decedent to serve as personal representative even if they live out of state. Nonresidents who are not close relatives may not qualify, so confirm eligibility with a probate attorney. The sale itself can usually be closed remotely.

Talk to Someone Who Handles Estate Sales Every Week

Rest Assured Home Buyers was founded by Eitan Fishbein to help families who inherit property during difficult moments. We work with personal representatives, trustees, and heirs across Florida, and we coordinate directly with probate attorneys and title companies so you are not left managing the details alone.

Learn more about how we buy inherited houses, read our guide on what counts as an inherited house in Florida, or call us at (561) 485-1929 for a no-obligation conversation about your options.

This article is general information, not legal advice. Probate and trust rules depend on the specific estate, so speak with a Florida probate attorney about your situation.

Related: Learn more about selling a probate house in Florida, including what the court process involves and how long it can take.