Bart Scovill, PLC - Sarasota Wills, Trusts & Probate Attorney

Serving as the Personal Representative (PR) of an estate in Florida comes with many responsibilities—including paying debts, taxes, and administration expenses. But what if the estate’s primary asset is real estate?

Can a PR sell estate property to cover costs?

Yes, but with specific requirements and limitations. Here’s what Florida law allows.

Authority to Sell Real Property in Probate

Under Florida Statutes §733.613, a PR may sell real estate without court approval if the will authorizes it. Otherwise, court approval may be required.

The PR must ensure:

- Proper notice is given to interested parties.

- Fair market value is obtained.

- The sale serves the best interest of the estate.

In formal administration, court orders are often necessary unless the decedent’s will gives the PR specific powers to sell without judicial oversight.

Common Reasons a PR May Need to Sell Property

- To pay valid debts of the decedent

- To cover administration costs (attorney fees, PR fees, filing fees)

- To distribute liquid assets to beneficiaries more equitably

- To avoid foreclosure or ongoing property costs

In estates with few liquid assets, a sale may be the only way to fulfill these obligations.

Does the New Tax Law Change This?

The 2025 federal tax bill significantly increased the estate tax exemption to $15 million per individual. For most Florida estates, this means fewer tax-driven sales.

However:

- Sales may still be necessary for debts, liquidity, or equitable distribution.

- If the estate is large enough to exceed the new exemption, or the PR is handling out-of-state property, tax considerations may still apply.

Practical Considerations

- Get an appraisal or market analysis before selling.

- Review the will carefully for powers of sale.

- File a petition for approval if needed.

- Work with a probate attorney to avoid unnecessary delays or legal disputes.

Need guidance on selling estate property in Florida?
Contact Bart Scovill, PLC for experienced probate assistance tailored to your needs. https://scovills.com/?p=2443