Before inherited Florida real estate can be sold or refinanced, someone must have legal authority to sign the deed, and a title company must be able to insure the title. Who signs depends on how the property passes: by a personal representative’s power of sale, directly to the heirs as protected homestead, under a summary administration order, through a trust, or by a deed that named beneficiaries.
A recorded death certificate or a copy of the will alone is rarely enough. A will has no effect on title until it is admitted to probate (§ 733.103).
Who signs the deed, by situation
| How the property passes | Who signs | What a title company will usually want |
|---|---|---|
| Owned with a spouse as tenants by the entireties, or with an express right of survivorship | The surviving owner | Death certificate recorded; no probate for this property (§ 689.15) |
| Estate asset, will grants a power of sale | Personal representative, without a court order (§ 733.613(2)) | Certified letters and the will |
| Estate asset, no power of sale or no will | Personal representative, but title passes only when the court authorizes or confirms the sale (§ 733.613(1)) | The court order authorizing or confirming the sale |
| Protected homestead | The heirs or permitted beneficiaries, not the personal representative (§ 733.607, § 733.608) | An order determining homestead status (Fla. Prob. R. 5.405) and every owner’s signature |
| Summary administration | The persons the order names (§ 735.206) | A certified copy of the order, recorded in the county |
| Titled to a trust | The trustee | A certification of trust (§ 736.1017); for a homestead, a review under § 732.4015 |
| Enhanced life estate (Lady Bird) deed | The remainder beneficiaries | The recorded deed and death certificate; homestead review if a spouse or minor child survived |
| A nonresident’s property | An ancillary personal representative, or devisees under a foreign will admitted to record | Ancillary letters (§ 734.102) or the order admitting the foreign will to record (§ 734.104) |
What buyers and lenders rely on
- Creditor protection for buyers. A buyer from a personal representative who sells under a will’s power of sale or a court order takes title free of the estate creditors’ claims and the beneficiaries’ entitlements. Existing mortgages and liens are not affected (§ 733.613(3)).
- Liens remain. Mortgages and other liens survive the death and are paid at closing (§ 733.702(4)(a)). For most residential loans, the lender cannot call the loan merely because the property passed to a relative at death (12 U.S.C. § 1701j-3(d)).
- Recording. Court orders and death certificates affecting title are recorded in the official records of the county where the property is located.
Planning the closing timeline
- Order a title search early, before setting a closing date, to find how title is held, open mortgages, liens, and any break in the chain of title.
- Decide the route: personal representative sale, homestead determination, summary administration, trust, or ancillary.
- Obtain the authority: letters, orders, or a certification of trust.
- Collect signatures from every person who must sign, including a surviving spouse with a life estate and any guardian for a minor owner.
- Close, paying off mortgages and liens from the proceeds, and record the deed and supporting documents.
Common causes of delay
- The will was never deposited or admitted to probate
- A sale contract was signed by someone without authority
- The home turned out to be protected homestead with a surviving spouse or minor child
- An heir is missing, deceased, or a minor
- An old mortgage or judgment was never released
- The legal description in the deed is wrong
An example
Three siblings inherit their mother’s Seminole County home, her homestead, under her will; she had no spouse or minor child. They sign a listing agreement right away, and the buyer’s title company asks for an order determining homestead status. Their probate attorney petitions for the order, which is entered after formal notice. With the order recorded, all three siblings sign the deed, the mortgage is paid off at closing, and the title company insures the buyer.
What to gather
- The current recorded deed and any title insurance policy
- The will or trust, and any enhanced life estate deed
- Court orders and letters already entered
- Mortgage statements, association estoppels, and property tax information
- The sale contract, if one exists, and the planned closing date
- Names of all heirs or beneficiaries, and whether any is a minor
Next step
Do not set a firm closing date until the route and the required court documents are known. A title search and a short review of the estate documents usually reveal both.
Related guidance
- Can I sell an inherited Florida home?
- Florida homestead after death
- What happens to a mortgage after death?
- What happens to a Lady Bird deed property after the owner dies?
- Florida ancillary probate
Sources: Florida Statutes § 689.15, § 732.4015, § 733.103, § 733.607, § 733.608, § 733.613, § 733.702, § 734.102, § 734.104, § 735.206, and § 736.1017 (2026); Florida Probate Rule 5.405 (October 15, 2026 edition); 12 U.S.C. § 1701j-3(d). Checked on October 23, 2026.