Selling Florida Real Estate After an Owner Dies: Who Signs and What Title Needs

Published October 9, 2026 · Recalde & Friedman, PLLC

Start with how title was held

Who can sell after an owner dies depends first on how title was held:

• Tenancy by the entirety (married couples): Florida law preserves survivorship for estates by the entirety (§ 689.15, Fla. Stat.), so the surviving spouse generally holds title after the other spouse's death. The title company will usually want a death certificate recorded.
• Joint tenancy with right of survivorship: only if the deed expressly says so. In Florida, a conveyance to two or more people creates a tenancy in common unless the instrument expressly provides for survivorship, except for estates by the entirety (§ 689.15, Fla. Stat.).
• Tenancy in common or sole ownership: the decedent's share usually passes through probate or another court proceeding.
• Trust: if the property was deeded to a trust, the successor trustee usually signs, with trust documentation.

Get the vesting deed before listing. Our title commitment guide explains how the title company shows current ownership.

Probate and the personal representative's power to sell

When probate is needed, the court appoints a personal representative. Whether the PR can sell without further court approval depends on the will:

• If the will gives the PR a specific power to sell real property, or a general power to sell estate assets, the PR may sell without court authorization or confirmation (§ 733.613, Fla. Stat.(2)).
• If there's no will, or the will doesn't give a usable power of sale, the PR may sell only with court authorization or confirmation, and no title passes until the court authorizes or confirms the sale (§ 733.613, Fla. Stat.(1)).

The FR/BAR contract expects this. Standard H, Conveyance, allows a personal representative's deed in place of a warranty deed when that fits the seller's status.

Summary administration

Summary administration is a shorter procedure available when the will doesn't direct formal administration and either the estate subject to administration in Florida (less exempt property) is worth no more than $150,000, or the decedent has been dead more than 2 years (§ 735.201, Fla. Stat.). The order of summary administration distributes property to beneficiaries, who then sign the deed.

Creditors and the 2-year rule

Generally, 2 years after a person's death, the estate, the PR and the beneficiaries aren't liable for claims against the decedent, whether or not probate was opened, unless a creditor timely filed a claim in the probate (§ 733.710, Fla. Stat.). That rule doesn't affect the lien of a duly recorded mortgage or security interest. A mortgage on the property still has to be paid at closing. Title insurers take the 2-year period into account when deciding what they'll require.

Homestead

If the property was the decedent's homestead, special rules apply. Florida's constitution restricts devise of homestead when the owner is survived by a spouse or minor child, and § 732.401, Fla. Stat. controls who takes when the devise isn't permitted. A court order determining homestead status is often required before a sale can be insured. See homestead and spouse joinder.

What to gather before listing

• A certified death certificate.
• The vesting deed and any later recorded documents.
• The will, if any, and any trust documents.
• Letters of administration or the order of summary administration, if a court proceeding has been opened.
• Information on mortgages, association dues and property taxes, which keep accruing.
• Names of all heirs or beneficiaries, and whether any are minors or live abroad. Remote signing may help; see RON and e-signatures.

Contract tips

• Sign the listing and the contract in the name of the person or fiduciary who actually has authority, such as the PR or the successor trustee.
• If a court order is still needed, build realistic time into the closing date, or make the sale expressly subject to court approval.
• Watch for federal estate tax lien issues in larger estates. See federal tax liens.

Hypothetical

A widow inherits her late husband's interest in a rental condo he owned with his brother as tenants in common, without survivorship language. Because of § 689.15, Fla. Stat., the brother didn't automatically take the husband's share. The husband's will gives his personal representative a general power to sell estate assets, so once letters of administration are issued, the personal representative and the brother can sign the deed without a separate court order to confirm the sale.

Frequently asked questions