Keys, Deeds, and Fine Print: What to Know Before Buying Property From a Florida Estate

An estate sale can look like a great opportunity, but the seller is not an ordinary homeowner. It is a personal representative acting for an estate, and that changes the paperwork. Having an attorney review the transaction can help a buyer understand what the deed does and does not deliver.

Two Roads to a Sale

Section 733.613 of the Florida Statutes describes two paths. Under subsection (1), when there is no will, or the will gives no power of sale or a power too limited to use conveniently, the personal representative may sell at public or private sale. No title passes until the court authorizes or confirms the sale.

Under subsection (2), if the will gives a specific power to sell real property or a general power to sell any estate asset, the personal representative may sell without court authorization or confirmation. The sale does not need to be justified by a showing of necessity.

Which road applies is not always obvious from a property listing. It depends on what the will says, whether there is a will at all, and what the court has ordered.

What the Statute Protects

Subsection (3) says that in a sale under a specific power of sale, or under a court order authorizing or confirming the sale, the purchaser takes title free of claims of estate creditors and entitlements of estate beneficiaries. Subsection (1) adds that a good faith purchaser is not required to examine proceedings that came before the order of sale.

A related statute, § 733.611, protects a person who in good faith deals for value with a personal representative, as if the representative acted properly. That protection is made subject to § 733.613(1), so the court approval requirement described above still matters.

What It Does Not Promise

The statute has limits worth knowing about:

• Existing mortgages and other liens are not affected
• Its text does not set out any warranties about the property or its title, so what a particular deed promises is something to read closely
• Nothing in it speaks to the property’s physical condition

Buyers often ask whether the will contains a power of sale, whether court confirmation was needed, and how a title search and title insurance fit into the deal. Each answer turns on the specific estate and the documents involved.

Thinking about buying from an estate? The Fort Lauderdale real estate lawyers at Edward J. Jennings, P.A. would welcome your questions. Reach out through our online contact form or by phone at 954-764-4330, and we will talk through what an estate purchase involves with the help of an attorney.