In short: In a Florida probate house dispute, first determine whether the home was protected homestead, because homestead generally passes directly to the heirs and selling it usually requires all of them to sign. Non-homestead property can be sold by the personal representative, but title doesn’t pass without a power of sale in the will or court authorization or confirmation (§ 733.613).
Dad dies. Four kids. One house. One of them is living in it and won’t leave. Another wants to sell yesterday. A third finds a listing on Zillow that nobody told her about.
This is the most common fight in Florida probate.
Question One: Was It Homestead?
Everything depends on this. Florida treats the family homestead completely differently from other real estate.
- Protected homestead generally passes directly to the heirs (or the spouse, under § 732.401) at death. It is not an ordinary estate asset the personal representative controls and sells. In practice, selling it usually requires every person who holds an interest to sign the listing agreement and the deed.
- Non-homestead property (a rental, a second home, vacant land) is an estate asset. The personal representative manages it and, with proper authority, can sell it.
A million-dollar homestead can go one direction at death while a cheaper rental goes a completely different direction. Get this question answered first.
Question Two: Who Has Authority to Sell?
If the property is an estate asset, the power to sell belongs to the personal representative. If the will grants a power of sale, the PR may be able to sell without a court order. If it does not, or if there is no will, § 733.613 still lets the PR sell, but no title passes until the court authorizes or confirms the sale. If the property is in a trust, the trustee holds that power under the trust document.
Either way, that person is a fiduciary. They must act in the beneficiaries’ interest and follow the will, the trust, and the statutes.
How to Stop a Probate Sale Before It’s Too Late
If a family property is suddenly listed:
- Find out who is claiming authority to sell and on what document.
- Object in the probate court, and ask for an injunction if needed. Courts can pause a transfer that looks improper, rushed, or unauthorized.
- Gather the paper fast: the will or trust, the deed, the letters of administration, and anything showing your interest.
Speed matters. Once the property is sold to a good-faith buyer, undoing the sale is much harder.
What If It Was Already Sold?
Your rights do not necessarily disappear with the house. If the property was part of the estate, your interest generally shifts to the sale proceeds. If the sale was not properly authorized, or if heirs were not given required notice, the court can review the transfer and, in some cases, set it aside or require the person who sold it to account for and return the money.
When Co-Owners Can’t Agree: Partition
Partition is the lawsuit one co-owner files to force a division or sale when the owners can’t agree. Florida’s partition statutes are in Chapter 64. Since 2020, Florida has also had the Uniform Partition of Heirs Property Act (beginning at § 64.201), which adds appraisals, buyout rights for co-tenants, and other procedures when property is inherited among family members.
My honest view: partition between family members is usually a waste of time and money. The heirs-property procedures add steps and delay. The person living in the house benefits from every month of delay. Everyone else pays the lawyers.
The Golden Rule: Sell First, Fight About the Money Later
Before anyone hires a litigator:
- Get the property appraised.
- If one heir wants it, let them make an offer to buy the others out.
- If not, hire a realtor, list it, and sell it.
- Put the proceeds in a trust account and resolve the split later, at mediation if you need to.
A house that sits empty and decays while the family litigates is the worst outcome for everyone. And if you don’t like the deal you can make among yourselves, you will very likely like what a judge does even less.
Watch: the videos behind this article
When The House Is Sold Before Probate Ends In Florida
How to Stop a Probate Property Sale in Florida Before It’s Too Late
Multiple Heirs Want the Same House in Florida Probate?
Florida Partition Lawsuits Are an Absolute Waste of Time and Money!
Go Deeper
- You Cannot Leave Your Florida Home to Whoever You Want — § 732.401
- How to Remove a Personal Representative in Florida — § 733.504
- Florida Probate Court: Why the Same Case Can Have Completely Different Outcomes
Frequently Asked Questions
Can a personal representative sell a house without all the heirs agreeing?
For non-homestead property, the personal representative can sell if the will grants a power of sale; otherwise title does not pass until the court authorizes or confirms the sale under § 733.613. Protected homestead is different and usually requires every owner to sign.
How do I stop the sale of a family house in probate?
Find out who claims authority to sell, file an objection in the probate court and request an injunction if necessary, and gather the will, trust, deed, and letters quickly. Once a good-faith buyer closes, undoing the sale is much harder.
What happens if the house was sold before probate ended?
Your interest generally shifts to the sale proceeds. If the sale wasn’t properly authorized or required notice wasn’t given, the court can review it and may set it aside or order the seller to account for the money.
What is a partition lawsuit in Florida?
A lawsuit by one co-owner to force a division or sale of property when the owners can’t agree. Since 2020, Florida’s Uniform Partition of Heirs Property Act (beginning at § 64.201) adds appraisal and buyout procedures for inherited family property.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate real estate lawyer in St. Petersburg for probate real estate disputes and partition, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
