What happens if someone is squatting in the property before it’s sold and how can we get them removed? - Florida
The Short Answer
In Florida probate, an unauthorized occupant can delay (or derail) a sale because buyers, title companies, and insurers typically require the property to be delivered vacant. The personal representative generally has authority to take control of estate property and may need to pursue a court process (or, in limited situations, a sheriff-assisted removal) to regain possession.
What Florida Law Says
During probate, the person with legal authority to act for the estate is usually the personal representative (executor). Florida law generally gives the personal representative the right to take possession or control of the decedent’s property (with important exceptions, including protected homestead) and to take reasonable steps to protect and preserve estate assets. That authority includes the ability to bring an action to recover possession when someone is occupying the property without a legal right.
The Statute
The primary law governing this issue is Fla. Stat. § 733.607.
This statute establishes that the personal representative has the right to (and generally must) take possession or control of the decedent’s property (except protected homestead), protect and preserve it during administration, and may bring an action to recover possession of estate property.
Separately, Florida provides civil remedies to recover possession from someone who obtained or keeps possession by unlawful entry or unlawful detention. See Fla. Stat. § 82.03 (unlawful detainer). Florida also has a newer, limited sheriff-assisted removal process for certain unauthorized occupants of residential property when specific conditions are met. See Fla. Stat. § 82.036.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to a “squatter” situation in probate is rarely simple. The correct approach depends heavily on whether the occupant is truly unauthorized or is claiming tenant/family rights, and whether the home is protected homestead.
- Strict Deadlines / Fast-Track Procedures: Unlawful detainer actions are handled under a summary procedure and move quickly once filed, but mistakes in the chosen remedy can cause delays and added cost. Florida’s unlawful detainer statute requires summary procedure. See Fla. Stat. § 82.03(4).
- Burden of Proof: You typically must prove who is entitled to possession (often the estate through the personal representative) and that the occupant has no valid right to be there. In probate, authority and documentation matter, especially when the property is being marketed for sale.
- Exceptions (Tenant vs. “Squatter” vs. Family): If the occupant is a current/former tenant, claims a lease, is an heir, or is an immediate family member of the owner, the sheriff-assisted removal process may not apply and the wrong filing can backfire. The limited sheriff removal remedy has specific eligibility requirements. See Fla. Stat. § 82.036(2).
Also, “squatters’ rights” is often misunderstood. Florida adverse possession claims generally require long-term possession and other statutory elements (commonly discussed as a 7-year framework), and they are not automatically created just because someone moved in. See, e.g., Fla. Stat. § 95.18.
If you are trying to sell an estate property, the practical risk is that a buyer may walk away, the estate may incur carrying costs, and the personal representative may face disputes among beneficiaries. An attorney can quickly identify the right remedy, coordinate with probate counsel and the realtor/title company, and reduce the risk of wrongful removal claims.
Related reading: removing unauthorized occupants from an inherited Florida property and removing a family member from an inherited home.
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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.