Can an Executor Sell Property in Miami, Florida?

One of the most common questions that arises during probate in Florida is whether the personal representative—the Florida legal term for what is commonly referred to as an executor—has the authority to sell estate property. The answer depends on several factors, including the type of property, the terms of the decedent's will, the type of administration, and whether court approval is required. Understanding these rules is critical for both personal representatives who need to manage estate assets and beneficiaries who want to protect their inheritance rights.

At the Law Offices of Albert Goodwin, PA, we advise personal representatives and beneficiaries throughout Florida on property sales during estate administration. Whether you need guidance on selling estate property or want to challenge an improper sale, we can help.

General Authority to Sell Property

Under the Florida Probate Code, a personal representative has broad authority to manage and sell estate assets as part of the administration process. F.S. § 733.612 sets forth the transactions that a personal representative is authorized to undertake, including the power to sell, lease, or exchange real and personal property belonging to the estate. This authority exists to enable the personal representative to pay debts, taxes, and expenses of administration, and to make distributions to beneficiaries.

However, this broad authority is subject to important limitations. The personal representative must always act as a prudent person would in dealing with the property of another, as required by F.S. § 733.602. This means the personal representative must obtain fair market value, act in the best interests of the estate and its beneficiaries, and follow proper procedures.

Selling Real Property

Real property—including homes, commercial buildings, vacant land, and other real estate—is often the most valuable asset in a Florida estate. The personal representative's authority to sell real property depends on the terms of the will and the type of administration.

When the Will Grants the Power to Sell

Many Florida wills include a specific provision granting the personal representative the power to sell real property without court approval. When the will contains such a provision, the personal representative generally has the authority to sell real estate at their discretion, subject to their fiduciary duties. The personal representative must still obtain fair market value and act in the best interests of the estate.

When the Will Is Silent on the Power to Sell

Even if the will does not specifically grant the power to sell real property, the personal representative may still have the authority to do so under the Florida Probate Code. F.S. § 733.612(1) provides that the personal representative has the authority to perform certain transactions, including sales, without court approval unless the will provides otherwise. However, the personal representative must have a legitimate reason for the sale, such as paying estate debts, taxes, or expenses.

When the Will Restricts or Prohibits Sales

If the will explicitly restricts or prohibits the sale of specific property—for example, if the will directs that a family home be distributed to a particular beneficiary—the personal representative cannot sell that property unless there is a compelling necessity. In such cases, the personal representative would need to petition the court for authorization to sell, demonstrating that the sale is necessary to pay debts or expenses that cannot be satisfied from other estate assets.

When Court Approval Is Required

While Florida law grants personal representatives significant autonomy in managing estate assets, there are circumstances in which court approval is required or advisable before selling property.

Sales Involving Interested Parties

If the personal representative wants to sell estate property to themselves, a family member, or another party with a connection to the personal representative, court approval is strongly advisable. Such transactions are inherently suspect as potential self-dealing, and proceeding without court approval exposes the personal representative to significant liability. The court will evaluate whether the sale is at fair market value and whether the transaction is in the best interests of the estate.

Sales of Specifically Devised Property

When the will specifically devises a particular piece of real property to a named beneficiary, the personal representative should not sell that property without either the beneficiary's consent or court approval. A specific devise creates a right in the named beneficiary to receive that particular asset. Under F.S. § 733.805, the order of abatement determines which assets are used to pay debts and expenses. Generally, specifically devised property is the last category of assets used to satisfy estate obligations. A personal representative who sells specifically devised property when other assets are available to pay debts may face a surcharge claim from the affected beneficiary.

Sales Requiring Disclosure

Even when court approval is not strictly required, the personal representative must be prepared to justify any property sale in their accounting. Beneficiaries have the right to review the terms of any sale and challenge it if the sale price was below fair market value or if the sale was otherwise improper.

Independent Administration vs. Court-Supervised Administration

The level of court oversight during estate administration affects the personal representative's authority to sell property.

Independent Administration

In most Florida estates, the personal representative acts with a degree of independence, meaning they can conduct many transactions—including property sales—without prior court approval. The will may specifically grant the personal representative independent powers, or the beneficiaries may consent to independent administration. Under independent administration, the personal representative can sell property and later account for the transaction in their periodic or final accounting.

Court-Supervised Administration

In some cases, the court may order supervised administration under F.S. § 733.604. This may occur when beneficiaries have concerns about the personal representative's management of the estate, when the personal representative requests supervision, or when the court determines that supervision is necessary to protect estate assets. Under supervised administration, the personal representative must obtain court approval before making significant transactions, including property sales.

Any interested person may petition the court for supervised administration under F.S. § 733.604 if they believe that the personal representative's actions warrant increased court oversight.

Duties When Selling Estate Property

Regardless of whether court approval is required, the personal representative has specific fiduciary duties when selling estate property:

• Obtain fair market value – The personal representative must make reasonable efforts to obtain the best price available for estate property. This typically involves obtaining professional appraisals, listing the property with a qualified real estate broker, and marketing the property to attract competitive offers.
• Act in the best interests of the estate – The personal representative must consider whether the sale is necessary and whether the timing is appropriate. Selling property in a depressed market when there is no urgency may be a breach of duty.
• Avoid conflicts of interest – The personal representative must not allow personal interests to influence the sale. Selling to a friend or family member at a discount, or steering the sale to benefit the personal representative in some way, is prohibited misconduct.
• Maintain transparency – The personal representative must keep beneficiaries informed about proposed sales and account for the proceeds in their accounting.
• Comply with legal requirements – The personal representative must comply with all applicable legal requirements, including disclosure obligations, title requirements, and tax reporting.

Beneficiary Rights in Property Sales

Beneficiaries have important rights when the personal representative proposes to sell estate property:

• Right to information – Beneficiaries have the right to be informed about proposed sales and to receive relevant details, including the proposed sale price, the identity of the buyer, and the terms of the sale.
• Right to object – Beneficiaries may object to a proposed sale if they believe it is not in the best interests of the estate, the price is below fair market value, or the sale is otherwise improper.
• Right to petition the court – If a beneficiary believes a sale was improper, they may petition the court to set aside the sale, impose a surcharge on the personal representative, or take other corrective action.
• Right to purchase – While not a statutory right, beneficiaries may express interest in purchasing estate property themselves, and the personal representative should consider such offers on the same terms as any other offer.
• Right to accounting – Beneficiaries may compel an accounting under F.S. § 733.5036 to review the details of any property sale and ensure the proceeds were properly applied.

What Happens to Sale Proceeds?

When estate property is sold, the proceeds become part of the estate and must be used in accordance with the Florida Probate Code. The personal representative must use sale proceeds to pay valid debts, claims, taxes, and expenses of administration in the order of priority established by F.S. § 733.707. After all obligations are satisfied, remaining proceeds are distributed to beneficiaries in accordance with the will or, if there is no will, under Florida's intestacy statutes (F.S. § 732.101–732.111).

Challenging an Improper Property Sale

If you believe a personal representative has sold estate property improperly—for example, at below-market value, to an interested party without disclosure, or in violation of the terms of the will—you have legal options. An experienced estate litigation attorney can evaluate the sale and advise you on the best course of action, which may include petitioning for a surcharge, seeking the removal of the personal representative, or pursuing other remedies.

Contact a Florida Estate Property Sale Attorney

At the Law Offices of Albert Goodwin, PA, we regularly handle disputes involving the sale of estate property in Florida. Whether you are a personal representative seeking guidance on your authority to sell estate assets or a beneficiary concerned about an improper sale, we have the knowledge and experience to help.

Call us at 786-522-1411 or email us at [email protected] to schedule a consultation. Protect your rights and your inheritance—contact us today to discuss your situation.