The Short Answer

In Florida, a “judgment lien” can show up in more than one place depending on what type of property is involved, so a quick call to the courthouse may not be enough. Before an estate closing, the safest approach is to have your attorney and the closing/title company confirm lien status through the official public records and the state’s judgment lien database, and then address any lien that appears as a title issue before you sign closing documents.

What Florida Law Says

Florida law treats judgment liens differently depending on whether the lien is against real property (typically handled through county “Official Records”) or personal property (typically handled through a statewide judgment lien certificate system). In probate sales, even when a personal representative has authority to sell, existing mortgages and other liens generally are not wiped out just because the property is being sold from an estate.

The Statute

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

This statute establishes that when a personal representative sells estate real property under a power of sale or court authorization/confirmation, the purchaser generally takes title free of estate creditor claims and beneficiary interests, but existing mortgages or other liens against the real property are not affected. See Fla. Stat. § 733.613(3).

Separately, Florida also has a statutory system for acquiring a judgment lien on certain personal property by filing a judgment lien certificate with the Department of State. See Fla. Stat. § 55.202 and § 55.203.

If someone is telling you “there’s a judgment lien,” the legal question is: what lien, recorded where, against which party, and does it actually attach to this specific parcel? That’s a title/legal analysis—not a guess based on a conversation or a preliminary net sheet.

Related reading: How Do I Confirm Whether a Lien Will Affect an Estate Home Sale Before Closing in Florida? and How Are Creditor Claims Handled in a Florida Estate?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If a lien is asserted late in the transaction, it can derail closing timelines and create breach/default risk under the contract—even if the lien claim turns out to be wrong.
• Burden of Proof: It’s not enough for someone to say “the courthouse didn’t show it.” The closing side typically needs reliable documentation (title evidence) showing whether a lien is recorded, indexed under the correct name, and attached to the property interest being sold.
• Exceptions and Attachment Issues: In probate, a buyer may take free of certain estate creditor claims, but existing mortgages or other liens against the real property are not automatically eliminated. See Fla. Stat. § 733.613(3). Also, “judgment lien” can be used loosely to describe different encumbrances, and the fix (or whether it’s even real) depends on what it actually is.

When you’re relying on others during a fast-moving sale—especially while recovering from an injury—misstatements about liens and net proceeds can create real financial harm. A Florida probate attorney can coordinate with the title company, confirm what is (and is not) of record, and protect you from signing a closing package that doesn’t match the legal reality.

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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.