The Short Answer

In Florida, whether you can stop the sale depends on who is trying to sell (a court-appointed personal representative vs. an heir acting on their own) and whether the will gives the personal representative a power of sale. If a sibling is attempting to sell estate real estate without proper authority, you may be able to challenge the transaction in probate court and seek court orders to prevent or unwind an improper sale.

What Florida Law Says

Florida probate is generally administered by a personal representative (sometimes called an “executor”), not by individual heirs acting independently. A key issue is whether the personal representative has authority to sell the property without court approval (for example, because the will grants a broad power of sale) or whether court authorization/confirmation is required before title can pass.

The Statute

The primary law governing this issue is Fla. Stat. § 733.613.

This statute explains when a personal representative may sell estate real property and, importantly, that in certain situations no title passes until the court authorizes or confirms the sale, while in other situations (such as when the will grants a general power of sale) the personal representative may sell without court authorization.

Florida law also emphasizes that a personal representative generally administers the estate without routine court orders unless the probate code requires it or the court orders otherwise. See Fla. Stat. § 733.603.

Why You Should Speak with an Attorney

Even when you believe a sibling is “selling without consent,” the legal analysis turns on probate authority, the will’s language, and whether the property is actually an estate asset (for example, some property passes outside probate). Applying these rules is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate disputes can have short objection windows once a Notice of Administration is served. For example, certain objections must be filed within 3 months after service. See Fla. Stat. § 733.212.
• Burden of Proof: If you ask the court to block a sale or reverse a transaction, you typically need persuasive evidence (documents, closing records, the will, letters/emails, proof of lack of authority, and proof of harm to the estate/beneficiaries).
• Exceptions and Authority Questions: Whether the will grants a power of sale, whether court confirmation is required, and whether a buyer may be protected as a bona fide purchaser can dramatically change your options under Fla. Stat. § 733.613.

Trying to handle this alone can lead to missed deadlines, incomplete filings, or an avoidable loss of leverage—especially if a closing is imminent. A Florida probate attorney can quickly determine who has legal authority, what court relief is available, and how to protect your interest before the property is transferred.

If you want more background on this topic, you may also find helpful: Can I Stop a Personal Representative From Selling Estate Property During Probate in Florida? and Can a Florida Executor (Personal Representative) Sell Estate Real Estate Without Court Approval?.

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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.