Detailed Answer — how to obtain court authority to sell real property in a Florida probate matter

This answer explains the typical path to get the probate court’s permission to sell real property in Florida and practical steps to take if the clerk’s office will not or cannot explain the required filings. This is an educational guide, not legal advice.

Step 1 — Determine the estate’s status and whether a personal representative (PR) is authorized

First, check whether probate has already been opened and whether a personal representative (sometimes called an executor or administrator) has been appointed. If letters testamentary or letters of administration have been issued, the PR has the authority that the court granted in those letters. If no PR exists, someone must open probate and ask to be appointed before a sale can proceed in most cases.

You can review Florida probate statutes for general authority and administration rules at the Florida Legislature site: Florida Statutes, Chapter 733 (Probate) and for types of administration: Florida Statutes, Chapter 735 (Administration).

Step 2 — Identify the right procedure to sell the property

Common paths to a sale include:

• Sale by a properly appointed personal representative who already has authority in their Letters. If authority exists in the Letters, the PR may be able to sell without a separate court order, but the PR must follow notice and accounting duties required by statute and local rules.
• Filing a formal petition requesting court authority to sell real property. The petition typically asks the court to authorize the PR to sell under specified terms (buyer, price, escrow instructions, commission, any sale contingencies) and asks the court to enter an order approving the sale.
• Summary administration (short form) or affidavit procedures only apply in limited circumstances (small estate or decedent dead for 2+ years) and often do not allow sale of real property except as provided by statute. See Chapter 735 for summary administration rules.

Because procedures vary by case facts and local practice, expect to file a petition for authority to sell real property unless the Letters explicitly give sale power or the local forms provide otherwise.

Step 3 — Typical documents the court expects with a petition to sell

While local requirements vary, petitions to approve a sale commonly include:

• Petition (caption, facts about decedent, appointment of PR, description of property, reason for sale, buyer identity, terms of sale).
• Copy of the Letters of Administration/Letters Testamentary (or a request for issuance of letters if none yet issued).
• Death certificate and a copy of the will (if any).
• Proposed purchase contract or offer, appraisal or broker opinion of value, and information about encumbrances (mortgages, liens).
• Proposed order authorizing the sale (courts often prefer a form order you submit).
• Notice documents and a proposed notice schedule — who will be served and by what method (interested persons, creditors, spouse, beneficiaries).

Ask the court’s probate division for the local probate form for “Petition to Authorize Sale of Real Property” or similar; many Florida courts maintain probate and guardianship forms online: Florida Courts — Probate & Guardianship Forms.

Step 4 — Notice, hearing, and objections

Most sales require notice to interested persons and may require a hearing. The time to give notice depends on the type of proceeding and local rules. If someone objects, the court will hold a hearing to decide whether the sale is fair and in the estate’s best interest. Be prepared to show the court a contract, marketing efforts (if applicable), appraisal, payoff figures, and a proposed distribution plan for sale proceeds.

Special considerations

• Homestead property: Florida law treats homestead very differently. Homestead cannot normally be devised if a surviving spouse or minor child exists — selling homestead may require the consent of the spouse or special court approval. Get specific advice before attempting to sell homestead.
• Creditor claims: if the estate is being administered, creditor claim periods and priorities can affect whether the court approves a sale and how proceeds must be held to pay claims.
• Conflicts of interest: sales to family members or to the PR themselves will be scrutinized by the court.

If the clerk’s office refuses or will not explain filing requirements — practical next steps

Clerks are often limited to explaining what forms are on file and where to find published local forms and cannot give legal advice. If the clerk’s office won’t explain filing steps, try the following:

1. Check the local court’s probate web page for filing guides and downloadable forms. Many Florida counties publish step-by-step intake checklists and sample petitions.
2. Ask for the name of the Probate Division supervisor or for the court’s self-help or pro se assistance program. Some counties have a self-help desk or pro se navigator who will explain filing mechanics (not legal strategy).
3. Download statewide and local probate forms from the Florida Courts website: Probate & Guardianship Forms. Forms often include instructions and lists of attachments.
4. Contact the Florida Bar’s Lawyer Referral Service or the local bar association for an attorney referral. The Florida Bar has consumer resources here: Florida Bar — Public.
5. Consider a limited-scope (unbundled) attorney engagement. Many probate attorneys will review or prepare a petition or proposed order for a fixed fee so you can file pro se for the rest of the case.
6. If urgent (risk of waste, tax liens, or foreclosure), file an emergency petition requesting temporary authority to preserve property (for example, to pay insurance, prevent foreclosure, or make repairs). Ask the court clerk for the process to calendar an emergency hearing; courts often expedite time-sensitive motions.

If you plan to file the petition yourself — a short filing checklist

• Verify who the interested persons are (heirs, beneficiaries, spouse, creditors).
• Prepare the petition with clear requested relief (authority to sell, approval of buyer/price or authority to market and sell at fair price).
• Attach Letters, will, death certificate, purchase contract (if any), appraisal/valuations, and proposed order.
• Prepare a notice list and methods of service for interested persons and creditors.
• Pay the required filing fee and submit proposed order in the format the court prefers.

Local rules and forms control many procedural details; always consult the local probate webpage or the clerk’s website for county-specific filing instructions.

Helpful Hints

• Start by confirming whether probate is open and whether Letters have been issued. Without a PR or letters, you usually cannot sell estate real property.
• Search the county clerk’s online docket for the decedent’s name — you can often see what documents are already filed and find form names to mirror.
• Use the court’s sample proposed order. Judges are more likely to sign an order that follows the court’s preferred template.
• When the clerk won’t explain legal requirements, ask instead for procedural resources: local form names, filing fee amounts, hearing scheduling procedures, and how to file your documents electronically or in person.
• If the property is homestead, get legal advice before listing; homestead rules in Florida are strict and sale can be blocked without required consents.
• If time is critical, file a short emergency petition asking for temporary authority to preserve the property and request an expedited hearing.
• Consider a brief, limited consult with a probate attorney to draft the petition and proposed order — it often saves time and money versus multiple rejected filings.
• If cost is a concern, contact legal aid organizations or the county bar association for low-cost or pro bono resources.