Do all heirs have to agree to the sale, and what happens if someone objects? - Florida
The Short Answer
No—under Florida probate, an heir’s (or beneficiary’s) agreement is not always required to sell estate property. In many cases, the personal representative (executor) has authority to sell, but an objection can force court involvement, delay the sale, or trigger litigation over whether the sale is proper.
What Florida Law Says
In Florida probate, the person who typically has legal authority to manage and sell estate assets is the personal representative, not the heirs collectively. Whether the personal representative can sell real estate without everyone signing off depends heavily on what the will says (if there is a will) and whether court authorization is required for that specific sale.
The Statute
The primary law governing this issue is Fla. Stat. § 733.613.
This statute establishes that a personal representative may sell estate real property, but if there is no workable power of sale (for example, in certain intestate estates or where the will doesn’t grant an effective power), no title passes until the court authorizes or confirms the sale; and if the will grants a power of sale, the personal representative may be able to sell without court authorization or confirmation.
Why You Should Speak with an Attorney
Even though Florida law often allows a personal representative to move forward without unanimous heir consent, objections can change the entire timeline and risk profile of the sale. Legal outcomes often depend on:
- Strict Deadlines: Probate disputes can be time-sensitive. For example, Florida’s notice of administration process sets short objection windows for certain challenges, and missing them can permanently waive rights. See Fla. Stat. § 733.212.
- Burden of Proof: If someone claims the sale price is too low, the marketing was inadequate, or the sale isn’t in the estate’s best interest, the personal representative may need to justify the decision with credible evidence (and sometimes court approval/confirmation under the statute).
- Exceptions & Risky Transactions: If the sale involves a conflict of interest (for example, selling to the personal representative, their attorney, or related parties), the transaction can be voidable unless properly authorized or approved after notice. See Fla. Stat. § 733.610.
If an heir objects, the practical result is often delay, increased costs, and a higher chance the court will be asked to step in—especially if the personal representative needs authorization/confirmation to convey clean title under § 733.613. A probate attorney can assess whether the personal representative has a valid power of sale, whether court approval is required, and how to reduce the risk of a sale being challenged.
Related reading: Can I Stop a Personal Representative From Selling Estate Property During Probate in Florida? and Can I Stop My Sibling From Selling Estate Property Without My Consent in Florida?.
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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.