Who has authority to sell?
When a probate case is opened, Letters of Administration give a personal representative the authority to begin administering the estate, according to the Palm Beach County Clerk.
If the will gives the personal representative a specific power to sell real property, or a general power to sell estate assets, section 733.613(2) lets them sell without court authorization or confirmation. If there's no will, or no usable power of sale, the personal representative may still sell when they consider it in the interest of the estate and those interested in it, but no title passes until the court authorizes or confirms the sale.[1][5]
Formal or summary administration?
Summary administration is available when the will doesn't direct formal administration and the value of the estate subject to administration in Florida, less property exempt from creditors' claims, is $150,000 or less — or the decedent has been dead for more than 2 years (as of 2026).
The Palm Beach County Clerk notes that Florida law requires an attorney to file for formal administration, while one isn't required for summary administration. A Florida probate attorney can tell you which route fits the estate.[3][5]
How do homestead and creditor rules affect a sale?
A protected homestead is treated differently from other property: section 733.608 excludes it from the assets the personal representative holds for paying claims and distribution, and refers to a determination of its homestead status. Who must sign the deed for a protected homestead depends on who inherited it.
Creditor claims generally must be filed by the later of 3 months after the first publication of the notice to creditors or 30 days after a creditor is served with the notice (section 733.702). Ask the estate's attorney and the closing agent early which court orders and documents they'll need.[2][4]
What about taxes on the sale?
For federal tax purposes, your basis in an inherited home is generally its fair market value on the date of the decedent's death, or a later alternate valuation date chosen by the personal representative, according to IRS Publication 523. That basis is what your sale price is measured against, so ask a CPA to review the numbers.[6]
Key takeaways
- Only someone with legal authority — typically a court-appointed personal representative or the established heirs — can sign the deed.
- A will's power of sale lets a personal representative sell without a court order; without one, the court must authorize or confirm the sale.
- As of 2026, summary administration is available for Florida estates of $150,000 or less (after exempt property) or when the decedent died more than 2 years ago.
- Protected homestead follows special rules, so involve a Florida probate attorney early.
- An inherited home's federal tax basis is generally its fair market value at the date of death.
Sources
- [1]Florida Legislature — Fla. Stat. 733.613, Personal representative's right to sell real property
- [2]Florida Legislature — Fla. Stat. 733.608, General power of the personal representative
- [3]Florida Legislature — Fla. Stat. 735.201, Summary administration; nature of proceedings
- [4]Florida Legislature — Fla. Stat. 733.702, Limitations on presentation of claims
- [5]Clerk of the Circuit Court & Comptroller, Palm Beach County — Probate of Estates FAQ
- [6]IRS — Publication 523, Selling Your Home
Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.