Question 1

What is a personal representative deed in Florida?

Accepted Answer

A personal representative deed is a deed used by the personal representative (executor or administrator) of a deceased person’s estate to convey real property from the estate to a buyer or beneficiary. In Florida: the personal representative is appointed by the probate court (Section 733.301) and has the authority to sell estate real property (Section 733.612). The deed: conveys the estate’s interest in the property, includes recitals identifying the decedent, the probate case, and the personal representative’s authority, and is signed by the personal representative (not the decedent or the heirs).

Question 2

What authority does a Florida personal representative need to sell real property?

Accepted Answer

Authority: the personal representative must have: letters of administration (the court order appointing the personal representative), authority to sell (the will may grant the personal representative authority to sell real property; if the will does not address it, court approval may be required under Section 733.613), and compliance with the probate code (Section 733.612: the personal representative has the power to sell real property for the purpose of paying debts, expenses, and distributions). If court approval is required: the personal representative must file a petition, provide notice to interested parties, and obtain a court order authorizing the sale.

Question 3

What title issues arise with personal representative deeds?

Accepted Answer

Title issues: marketable title (the personal representative must provide marketable title; the title company will require: certified copies of letters of administration, evidence of the personal representative’s authority to sell, and proof that all required notices have been given and all claims have been satisfied or barred), creditor claims (the title company must be satisfied that all estate debts have been paid or that sufficient funds remain in the estate), and heir disputes (if heirs object to the sale, the transaction may be delayed while the dispute is resolved). Title insurance coverage may have specific requirements or exceptions for probate sales.

Personal Representative Deed

Personal Representative Deeds in Florida

Authority Required

Deed Contents

Title Issues

Related Terms

Barnes Walker Probate

Ready to Get Started?