Can an Executor Sell Property in Miami, Florida?

Reviewed by Albert Goodwin, Esq., attorney admitted in Florida and New York. Last updated: June 2024.

One of the most common questions during probate in Miami-Dade County is whether the executor—known in Florida as the personal representative—can sell estate real estate or personal property. The short answer: yes, often without prior court approval, but only when the sale serves a legitimate estate purpose and the personal representative honors strict fiduciary duties. The longer answer depends on the will, whether the property is homestead, the type of administration, and how the Miami-Dade Probate Division handles the file.

This page focuses specifically on the executor / personal representative of a probate estate. If your situation involves a different fiduciary, see our related pages: can an administrator sell property (intestate estates with no will), can a trustee sell property (property held in a living trust, never in probate), and can an agent under power of attorney sell property (sales during the owner's lifetime). For the timing of any probate sale generally, see selling a house during probate.

Quick Answer

A Florida personal representative ordinarily can sell estate property without a court order when the will grants the power of sale, or when the sale is reasonably necessary to pay debts, taxes, and administration expenses under Fla. Stat. § 733.612. The personal representative must obtain court approval (or unanimous beneficiary consent) before selling specifically devised property, before any sale that could be self-dealing, and in any estate under court-supervised administration. Florida homestead cannot be sold through the estate at all when it passes to protected heirs—it is not a probate asset to be liquidated.

The Executor's General Authority to Sell — and Its Limits

Under Fla. Stat. § 733.612, a personal representative may sell, lease, or exchange real and personal property of the estate. This power exists so the estate can pay creditor claims, taxes, and the costs of administration and then distribute what remains. But the authority is not unlimited. Section 733.602 imposes a prudent-person standard: the personal representative must obtain fair value, act in the estate's best interest, and follow proper procedure. A Miami personal representative who sells below market or for personal benefit can be surcharged—made to pay the estate back out of pocket.

Miami-Dade Probate Division: How It Actually Works Locally

Estate matters in Miami-Dade are handled by the Probate Division of the Eleventh Judicial Circuit, which sits primarily at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami. A few local realities shape executor property sales here:

• Letters of Administration first. A buyer's title company will not close until the personal representative produces current Letters of Administration / Testamentary issued by the Miami-Dade clerk. Letters confirm the authority to sign the deed on behalf of the estate.
• The notice of administration and creditor period. Title underwriters in Miami-Dade routinely want the creditor claims period (generally three months after publication of the notice to creditors under Fla. Stat. § 733.701–733.702) to be substantially addressed, because sale proceeds may be needed to satisfy claims under the priority scheme in Fla. Stat. § 733.707.
• Local objection practice. A beneficiary who learns of a proposed sale can file an objection or a petition for supervised administration directly with the Probate Division, which can freeze a closing while the dispute is heard.
• Personal representative deeds. When the estate conveys, it is by a personal representative's deed signed pursuant to the Letters, recorded in the Miami-Dade County official records.

Section 733.607 and 733.608: Possession vs. Homestead in Miami Real Estate

Two statutes frequently collide on Miami real estate. Under Fla. Stat. § 733.607, the personal representative is entitled to possession and control of the decedent's property—but Fla. Stat. § 733.608 excludes protected homestead. This distinction is enormous in Miami-Dade, where the family residence may be the only significant asset.

If the decedent's Miami home qualifies as constitutional homestead and passes to a surviving spouse or descendants, it is not subject to administration and is not an asset the executor may sell to pay general creditors. Instead, title vests in the protected heirs by operation of law, usually confirmed by a petition to determine homestead. Only after that determination—and only with the heirs as owners—can the property be sold. A personal representative who lists and sells a homestead as though it were an ordinary estate asset can create a defective title and personal liability. See our pages on homestead protection and inheriting homestead property in Florida.

A Realistic Miami Scenario: Selling a Condo During Probate

Suppose the decedent owned a Brickell condominium individually (not homestead, because it was a second residence), the will names an adult child as personal representative and grants a power of sale, and there are unpaid medical bills. Here is how the sale typically unfolds:

1. Open probate in the Miami-Dade Probate Division and obtain Letters of Administration.
2. Publish the notice to creditors and begin the claims period; identify what debts the sale must cover.
3. Order the condominium estoppel certificate from the HOA. In Miami condo deals, unpaid assessments, special assessments, and 40/50-year recertification obligations frequently surface here—the estate, not the buyer, generally must clear delinquent assessments at closing.
4. Obtain a market valuation (broker price opinion or appraisal) so the sale price is defensible if a beneficiary later questions it.
5. List and accept a fair-market offer; because the will grants a power of sale and this is not specifically devised property, court approval is not required.
6. Close by personal representative's deed, with the title company relying on the Letters; proceeds go into the estate account.
7. Apply proceeds to valid claims in § 733.707 priority, then account for everything in the estate accounting.

The HOA estoppel and special-assessment issue is what distinguishes a Miami condo sale from a single-family probate sale elsewhere—buyers and lenders here scrutinize building reserves and recertification status, and an unprepared executor can lose a closing.

When the Will Speaks — and When It Doesn't

The will grants a power of sale

Most professionally drafted Florida wills grant the personal representative the power to sell real property without court approval. With that language, the executor may sell at their discretion, still bound by the duty to obtain fair value.

The will is silent

Even without an express power of sale, § 733.612 authorizes the sale when reasonably necessary—most commonly to pay debts, taxes, and administration costs that cannot be covered from other assets.

The will restricts or specifically devises the property

If the will leaves a particular Miami property to a named beneficiary (a specific devise), the executor should not sell it without that beneficiary's consent or a court order. Under the abatement order in Fla. Stat. § 733.805, specifically devised property is among the last assets used to pay debts. Selling it while other assets remain available exposes the personal representative to a surcharge claim.

When Court Approval Is Required or Strongly Advised

• Self-dealing or insider sales. Selling to the executor, a relative, or a business associate is presumptively suspect. Seek court approval or unanimous written consent first; otherwise the sale can be voided and the executor surcharged.
• Specifically devised property. Get consent or a court order, as above.
• Supervised administration. Under Fla. Stat. § 733.604, the court may order supervised administration on petition of any interested person, requiring court approval before significant transactions, including property sales.

What Beneficiaries Should Demand to See

If you are a beneficiary and the executor is selling a Miami property, ask for: (1) the listing agreement and marketing history; (2) the appraisal or broker price opinion supporting the price; (3) the identity of the buyer and whether the buyer is related to the executor; (4) the HOA estoppel and any assessment payoffs; and (5) the closing statement showing where proceeds went. Under Fla. Stat. § 733.5036 you can compel an accounting. If the numbers don't reconcile or the price was below market, you may have grounds for a surcharge or removal of the personal representative.

How a Surcharge Plays Out

A surcharge is a court order making the personal representative personally repay the estate for a loss caused by a breach of duty. In a property-sale dispute, a Miami beneficiary typically files a petition alleging the property was sold below fair value or to an insider. The beneficiary presents an appraisal showing the property's true value; the difference between that value and the actual sale price is the measure of the surcharge. The court can also order disgorgement of any benefit the executor received, deny or reduce executor compensation, and in serious cases order removal. These disputes are part of our estate litigation practice.

Where the Money Goes

Sale proceeds become estate assets and must be applied under the priority in Fla. Stat. § 733.707—administration costs, certain funeral expenses, taxes, and creditor classes—before anything is distributed. Whatever remains passes under the will, or, with no will, under Florida's intestacy statutes, Fla. Stat. §§ 732.101–732.111.

Frequently Asked Questions

Can an executor sell property in Miami without all beneficiaries agreeing?

Often, yes. If the will grants a power of sale, or the sale is reasonably necessary to pay debts and expenses, the personal representative may sell without unanimous consent—subject to fiduciary duties and beneficiaries' right to object. Consent becomes critical, however, for specifically devised property or insider sales.

Can an executor sell estate property below market value?

No, not without exposing themselves to liability. The prudent-person standard under Fla. Stat. § 733.602 requires reasonable efforts to obtain fair value. A below-market sale—especially to a relative or to the executor—can be set aside and result in a surcharge.

Can an executor sell a homestead in Florida?

Generally no, when the property is constitutional homestead passing to protected heirs. Protected homestead is excluded from administration under Fla. Stat. § 733.608 and is not an estate asset the executor can liquidate. Title vests in the heirs, who may then sell it themselves after the court determines homestead status.

Does an executor need court approval to sell a Miami condo?

Usually not, if the will grants a power of sale and the condo is not specifically devised or homestead. The executor must still resolve HOA estoppel and assessment issues and convey by a personal representative's deed using current Letters of Administration.

How long before an executor can sell property in Miami-Dade?

The property can typically be marketed once Letters of Administration are issued, but most Miami-Dade title companies want the creditor claims period (about three months after notice to creditors) substantially addressed before closing, because proceeds may be needed to pay claims.

What can a beneficiary do if the executor sold property improperly?

A beneficiary may petition the Miami-Dade Probate Division to set aside the sale, surcharge the executor, compel an accounting under Fla. Stat. § 733.5036, or seek removal of the personal representative.

Talk to a Miami Estate Attorney About an Executor Property Sale

At the Law Offices of Albert Goodwin, PA, we advise both personal representatives navigating a sale and beneficiaries concerned that a Miami property was sold improperly. Whether the issue is HOA estoppel on a condo closing, a homestead determination, or a suspected below-market or insider sale, we can evaluate your options.

Call 786-522-1411 or email [email protected] to schedule a consultation.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Florida statutes are current as of the date above; consult counsel about your specific situation.