How an executor (personal representative) can sell estate real property to pay debts in Florida

This FAQ explains, in plain language, the typical steps a personal representative (called an executor in some states) follows when selling real property owned by a Florida decedent to pay estate debts. The explanation uses common hypothetical facts: the estate owns a house, the estate lacks enough cash to pay known debts, and the personal representative may need to sell that house to satisfy creditors.

Detailed Answer — Step-by-step process under Florida law

Short answer: confirm your authority, protect the property, identify liens and creditors, get court authority if required, market and sell the property, then use the sale proceeds to pay secured debts, approved creditor claims, and administration costs. The exact steps and whether you must get a court order depend on whether the property is homestead and whether the will or statute already grants the representative the power to sell.

Confirm your role and obtain Letters of Administration (Letters of Personal Representative).

You cannot sell estate property until the clerk of the circuit court appoints you and issues letters. Open probate (or estate administration) in the county where the decedent lived and get the court paperwork that proves your authority.

See Florida probate law generally: Fla. Stat. ch. 731 and Fla. Stat. ch. 733.
Determine whether the property is homestead and the consequences.

Florida homestead law gives special protection to a decedent’s primary residence. Homestead property has unique rules as to disposition and often cannot be sold to satisfy ordinary unsecured creditors. Before taking steps to sell, determine whether the property qualifies as homestead and whether a surviving spouse or minor children have interests that restrict sale.

Florida’s homestead protection is in the Florida Constitution (Article X, §4) and related statutes. See discussion of homestead protections at the Florida Constitution and probate chapters: Fla. Const., Art. X and Fla. Stat. ch. 733.
Inventory assets and review the will and powers granted to you.

Prepare the estate inventory and check the will for language that gives the personal representative express power to sell real property to pay debts. If the will grants clear authority, you may be able to sell without additional court permission. If not, or if the sale will affect homestead, you will likely need court approval.
Search title and identify liens and secured creditors.

Order a title search and identify mortgages, judgment liens, tax liens, mechanic’s liens, and other encumbrances. Secured creditors (mortgage, tax lien) have priority and usually must be paid from sale proceeds. Contact lienholders early—mortgage lenders often need payoff figures and may impose conditions for a sale.
Notify known creditors and follow probate notice requirements.

Florida law requires notice to creditors and certain creditor-claim procedures during administration. You must follow the court’s notice and claims process before distributing funds. That process includes publishing notices or mailing notices when required by statute or court rule.

See Florida probate rules and the statutes governing administration for required notices: Fla. Stat. ch. 733.
Decide whether you need court approval to sell.

If the will authorizes sale, or if the decedent left written authority, you may have statutory power to sell without a court order. If the will does not give that authority, if the property is homestead, or if a buyer or title company requires it, you should file a petition with the probate court asking the judge to authorize the sale. The court will schedule a hearing and issue an order that clears title and instructs the clerk how to disburse proceeds.
Prepare the property for sale: appraisal, repairs, and marketing.

Obtain at least one professional appraisal or broker price opinion. Make only reasonable repairs necessary to market the property. Keep detailed receipts—administration expenses are paid from estate funds and must be documented for the court and for creditor claims.
Accept an offer, complete the sale, and close escrow in the name of the estate.

Once you have authority (by will, statute, or court order), sign the contract in your capacity as personal representative. Work with title/escrow to clear liens and to ensure the deed is properly executed and recorded in the estate’s name. Use sale proceeds to pay closing costs, secured liens, approved creditor claims, funeral costs, taxes, and administration expenses in the proper priority.
File accountings and distribute remaining assets under court supervision.

After paying debts and costs, file your final accounting with the probate court. The court will review distributions to beneficiaries and close the estate when the accounting is approved and final distributions are made.

Key legal issues and priorities to watch

Homestead protections may prevent sale to pay unsecured debts. Confirm homestead status early.
Secured creditors (mortgage, taxes) get priority and can often force or block a sale until paid.
Beneficiaries and heirs must get required notice; beneficiaries can object and ask the court to review or block a sale.
Title companies commonly require a probate court order or statement of authority before insuring a sale from an estate.

Helpful Hints

Keep an organized file of every estate document, invoice, check, and communication about the property and the sale.
Order a current title search before marketing the property and again just before closing.
Contact the mortgage holder right away for the exact payoff figure and any requirements they have for selling or satisfying the loan.
Get at least one professional appraisal to support the sale price to the court and creditors.
Check for tax obligations (federal and Florida) tied to the estate or the property; unpaid taxes can create liens.
If homestead is an issue, stop and seek legal guidance—homestead law is complex and strictly enforced in Florida.
Talk to the probate clerk early. Clerks can explain local filing requirements, typical timelines, and fee schedules.
Consider involving a probate attorney if you expect disputes, if homestead applies, if there are complex liens, or if the sale will need court confirmation.

Where to read the law

Florida’s probate statutes and constitutional homestead provision are primary sources to consult:

Florida Statutes, Chapters 731–735 (probate and administration): Ch. 731 and Ch. 733.
Florida Constitution, Article X (Homestead protections): Fla. Const., Art. X.

Disclaimer: I am not a lawyer. This article provides general information about Florida probate and is not legal advice. Laws change and cases turn on specific facts. For advice about your situation, consult a licensed Florida probate attorney or the probate court in the county where the decedent lived.