The Short Answer

Usually, no. In Florida, the authority to take possession or control of a decedent’s property generally belongs to the court-appointed personal representative (often called an “executor”)—and that authority typically begins when the court issues letters testamentary (or letters of administration).

Before letters are issued, entering the home and removing property can create serious legal risk, especially if other heirs, beneficiaries, or a surviving spouse dispute it.

What Florida Law Says

Florida probate law places the duty and right to take possession/control of estate property on the personal representative as part of administering and protecting the estate. That matters because, before appointment, a nominated executor is not yet acting with the court’s authority and can be accused of taking property without legal right.

The Statute

The primary law governing this issue is Fla. Stat. § 733.607.

This statute provides that the personal representative has the right to, and must take possession or control of, the decedent’s property (with special rules for protected homestead) and must take reasonable steps to manage, protect, and preserve the estate until distribution.

Florida law also recognizes that protected homestead is treated differently; a personal representative’s authority over homestead can be limited, though they may be authorized to take possession for preservation and protection in certain circumstances. See Fla. Stat. § 733.608(2).

If you want more background on what letters do (and why third parties often require them), see: Do I Need Letters Testamentary (Letters of Administration) in Florida to Sell Estate Assets?

Why You Should Speak with an Attorney

While the statutes give the personal representative broad authority after appointment, applying these rules to a real-life situation (a house, keys, family members, valuables, and competing claims) is rarely simple. Legal outcomes often depend on:

• Who has legal rights to be there: A surviving spouse, co-owner, tenant, or other occupant may have independent rights that limit what anyone (including a future personal representative) can do.
• Homestead and exempt property issues: Florida’s homestead protections and exempt property rules can change what is “estate property” versus what passes outside administration, and mishandling this can trigger disputes.
• Risk of allegations of misconduct: Removing items before appointment can lead to claims of conversion, breach of fiduciary duty (once appointed), or demands for return/accounting—especially if other beneficiaries believe property is missing.

Even when your intent is to “secure” the home, the safest approach is to get legal advice early so you don’t create a fight that delays probate or exposes you to personal liability.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.