Probate Property Sales in Miami

Arturo R. Alfonso P.A. helps Miami-Dade families, in English and Spanish, sell a home that belonged to someone who has died: confirming who has the legal power to sign, the probate court steps a title company will ask for, the contract, and the closing. This page explains how the firm handles a probate sale, stage by stage, and what to send us early.

The basic question, whether a house can be sold during Florida probate and who signs, is answered in our guide Can I sell a house in probate in Florida? This page covers the work itself: what happens in what order, which documents each stage needs, and where a sale can get held up.

Stage 1: Finding Out What Kind of Property and Estate It Is

We start with three documents: the recorded deed, the will if there is one, and the death certificate. How the title was held decides the rest. A home held under a survivorship deed or a lady bird deed may pass outside probate entirely, so we read the deed in the Miami-Dade Official Records before anything is filed.

Next is homestead. Under Section 733.608(1), Florida Statutes, the decedent’s real and personal property in Florida becomes an asset in the personal representative’s hands, except the protected homestead. Protected homestead passes under Article X, Section 4 of the Florida Constitution to the family members entitled to it, so the heirs or devisees sell it, not the estate. If the home is empty, Section 733.608(2) allows the personal representative to take possession only to preserve, insure, and protect it until its homestead status is decided. Before insuring a sale by the heirs, a title company will usually ask for a court order determining homestead status, so we plan for that petition early.

Stage 2: Getting the Authority to Sign

For property that is an estate asset, the court appoints a personal representative and issues letters of administration. What happens next depends on the will. Under Section 733.613(2), if the will gives the personal representative a power to sell real property or a general power to sell estate assets, the sale can go forward without court authorization or confirmation. If there is no will, or the will gives no such power, Section 733.613(1) allows a sale that is in the best interest of the estate, but no title passes until the court authorizes or confirms it. When a court order is needed, we prepare the petition and tell you whether it makes sense to seek authorization before signing a contract or confirmation afterward.

Some estates qualify for summary administration instead. Section 735.201 makes it available when the will does not direct formal administration and the Florida estate, less property exempt from creditors’ claims, is within the statutory value limit, or when the decedent has been dead for more than two years. No personal representative is appointed. Under Section 735.206, the court’s order allows distribution of the assets to the persons entitled to them, and those persons sell afterward. Our probate sale guide explains the current value limit.

Probate cases for Miami-Dade residents are filed in the probate division of the Eleventh Judicial Circuit through the Miami-Dade Clerk of the Court and Comptroller. The firm can handle the probate filing and the real estate closing together, so the court papers and the closing documents are prepared to match.

Stage 3: The Contract and the Title Work

A frequent probate sale problem is a contract signed by the wrong person, or by the right person before they had authority. We make sure the seller signs in the correct capacity, for example “as Personal Representative of the Estate of” the decedent, or that every heir or beneficiary who holds title signs. Where a court order is still pending, the contract should give enough time to obtain it before closing.

We then review the title commitment. Expect the title company to require the death certificate, the letters of administration, the will, and any order authorizing or confirming the sale, determining homestead, or of summary administration. Under Section 733.613(3), a buyer in a sale made under a specific power of sale or a court order takes title free of the claims of estate creditors and the entitlements of beneficiaries, but existing mortgages and other liens are not affected. Those still have to be paid or released at closing; our guide to liens and selling a home explains how. If the title search shows other problems, our page on title search and title insurance covers how we clear them.

Stage 4: Closing, Creditors, and the Sale Proceeds

At closing, the personal representative signs a personal representative’s deed, or the heirs sign the deed if they hold title, and the deed is recorded in the Miami-Dade Official Records. The closing itself works like any other; our page on residential real estate closings in Miami walks through it.

The money needs care. Under Section 733.702(1), most claims against the estate must be filed within the later of three months after the first publication of the notice to creditors or 30 days after a creditor who must be served is served with it. Section 733.710 generally bars claims two years after the death. A personal representative is a fiduciary who accounts for the proceeds, so we review the creditor deadlines with you before any of the money is distributed.

What to Send Us Early

• The death certificate and the will, or where the original will is kept.
• The recorded deed or the property’s folio number.
• Any probate case number, letters of administration, or court orders already entered.
• The latest mortgage statement, property tax bill, and any condo or HOA information.
• Names and contact details for the heirs or beneficiaries, and any offer or listing agreement.

Related Pages

• Real Estate Law in Miami
• Can I sell a house in probate in Florida?
• What is a lady bird deed in Florida?
• What is a lien and how does it affect selling my home?
• Deed preparation and transfers in Miami
• Residential real estate closings in Miami