The authority to sell an inherited Florida property depends on title, estate documents and the probate path. Confirm the authorized signers with the probate attorney and closing professional.
Reviewed and corrected October 5, 2026. Original publication date retained.
Summary administration is not determined by house price alone
Florida Statute 735.201 states a $150,000 ceiling for the estate subject to administration in Florida after excluding property exempt from creditor claims, or a decedent who has been dead for more than two years. When there is a will, the stated will condition also applies. Have counsel determine the estate assets and the applicable administration route.
Who can convey the property
Section 733.613 permits a personal representative with the specified power in the will to sell without court authorization or confirmation. When the required power is absent or constrained as described in the statute, no title passes until the court authorizes or confirms the sale. Other title and distribution circumstances require separate review.
Existing liens still matter
The statute states that existing mortgages or other liens against the real property are not affected by the described sale. Do not assume an estate proceeding automatically clears every encumbrance.
Prepare before listing
Provide the probate attorney and title professional with the deed, will or trust documents, court orders, representative’s authority and known liens. Ask them to confirm the sale route, required signatures and expected timing. Obtain current clerk and recording charges directly rather than relying on old fee quotations.
Frequently Asked Questions
Does every inherited home require formal administration?
No. Title and estate circumstances determine the path; the summary statute has specific conditions.
Does the summary ceiling equal the home’s market value?
No. It concerns the estate subject to administration after the stated exempt-property exclusion.
Talk with our team
Contact MVP Home Group to discuss the property and the next step that fits your plans. For legal, tax, loan or insurance questions, obtain advice from the appropriate qualified professional.
About MVP Home Group
Nelson Cruz, P.A. is the Founder & CEO of MVP Home Group, brokered by Real Broker LLC. He brings nearly two decades in law enforcement to his work in real estate. Contact our team through Nelson’s profile.