Estate and probate sale decisions
Can a Broward condo be sold while the estate is in probate?
Short answer
Often yes — but the first question is who currently holds authority to sign for the estate and what the court file requires. Whether court authorization or confirmation is needed depends on the will, the appointment, and the order entered in the case. Confirm authority and any required order with the estate's Florida attorney and the title company first.
Last verified August 12, 2026Who is allowed to sign — settle this before anything else
Authority comes from the estate and title records, not from the broker. Section 733.613 states that when a personal representative has no conferred power of sale, no title passes until the court authorizes or confirms the sale; when the will confers a power of sale, the statute describes a different authorization path. Estate counsel applies those rules to the will, appointment, and orders in the case.
| Question | Where the answer lives | Who decides |
|---|---|---|
| Who is the personal representative? | Letters of administration and the court file | Estate counsel |
| Is court authorization or confirmation required? | The will, appointment, order, and section 733.613 | Estate counsel |
| What interest can be conveyed? | Deed, title search, and estate records | Title company and counsel |
Read the Broward court and county records
The Broward Clerk probate division maintains the case docket and filed orders. Recorded deeds and liens belong in the county records review. A case number identifies a record; the order in the file is what estate counsel and the title company read when they determine authority and conveyance requirements.
The association file continues with the estate open
Assessments, special assessments, inspection and reserve records, insurance, minutes, litigation information, and resale documents still affect buyer review and price. Use the condo document checklist and the seller document hub. If the property is a cooperative, the co-op versus condo comparison explains how the ownership form differs.
Coordinate condition, belongings, access, and distance
Document keys, access devices, belongings, condition, cleaning, limited repairs, media, signatures, notarization, and possession. The inherited-property workflow covers the sale after authority is settled, while the remote-sale guide organizes logistics for an out-of-state decision-maker.
Keep each conclusion with its decision-maker
Estate counsel addresses authority, orders, homestead, and creditor questions. The title company addresses insurability and conveyance mechanics. A tax professional addresses basis, gain, filing, residency, and withholding. The association supplies its records and status. Alexandra coordinates listing preparation, access, condition documentation, market feedback, offers, and closing logistics.
Can a Florida condo be listed before probate is complete?
That depends on who currently holds authority to act for the estate and what the court file permits. Confirm signing authority and any required order with the estate's Florida attorney and the title company before marketing the unit or accepting obligations.
That depends on who currently holds authority to act for the estate and what the court file permits. Confirm signing authority and any required order with the estate's Florida attorney and the title company before marketing the unit or accepting obligations.
Does a personal representative always need a court order to sell?
Not in every case. Section 733.613 provides that where the will confers a power of sale, the sale may proceed without court authorization or confirmation, and that in other circumstances no title passes until the court authorizes or confirms the sale. Which situation applies is read from the will, the appointment, and the order in the case.
Not in every case. Section 733.613 provides that where the will confers a power of sale, the sale may proceed without court authorization or confirmation, and that in other circumstances no title passes until the court authorizes or confirms the sale. Which situation applies is read from the will, the appointment, and the order in the case.
Where do I find the probate case record for a Broward property?
The Broward County Clerk of Courts maintains the probate case record, and Broward County Records, Taxes and Treasury maintains recorded deeds and liens. A case number identifies a file; the order entered in that file is what a title company reads.
The Broward County Clerk of Courts maintains the probate case record, and Broward County Records, Taxes and Treasury maintains recorded deeds and liens. A case number identifies a file; the order entered in that file is what a title company reads.
Does the association pause assessments while an estate is open?
No. Assessment obligations, special assessments, insurance, inspection records, and the resale package continue to apply to the unit. Request the current records and confirm status with the association.
No. Assessment obligations, special assessments, insurance, inspection records, and the resale package continue to apply to the unit. Request the current records and confirm status with the association.
Who calculates the tax result on an inherited condo?
A qualified tax professional, from the actual facts. The broker can supply transaction records but does not determine basis, gain, filing, residency, or withholding.
A qualified tax professional, from the actual facts. The broker can supply transaction records but does not determine basis, gain, filing, residency, or withholding.
Evidence ledger
Read the sources.
Education only—not legal, tax, lending, engineering, or title advice, and not probate or estate advice. Court orders, estate documents, title records, association records, contracts, and statutes control the result.
- Florida probate statute §733.613 — right to sell real propertyLast verified August 12, 2026 · Official source ↗
- Florida probate statute §733.612 — authorized transactionsLast verified August 12, 2026 · Official source ↗
- Florida summary administration statute §735.201Last verified August 12, 2026 · Official source ↗
- Broward County Clerk of Courts — probate divisionLast verified August 12, 2026 · Official source ↗
- Florida Courts — probate informationLast verified August 12, 2026 · Official source ↗
- Florida condominium statute §718.116Last verified August 12, 2026 · Official source ↗
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