In Florida, a personal representative (executor) can sell the property of the estate during a formal probate administration without the approval of all beneficiaries based on language that may be contained in the decedent’s will or in accordance with Florida statutory law. A personal representative’s power to sell estate property that derives from a will or from statutory provisions is permitted provided the sale aligns with the administration of the estate and the P.R. acts in good faith and within the scope of his/her fiduciary duties. This issue most often relates to the sale of real estate, including homestead property. However, the personal representative’s power is not limitless:
The mere fact that a Will gives the Executor a general power of sale does not necessarily mean that the Executor has a carte blanche, unconditional, uncontrolled, right, of his own volition, to sell off all or any part of the real or personal assets of the estate, ignoring the Probate Court entirely in the process. It provides no *551 magic formula giving the Executor an ‘open sesame’ to deal with the decedent’s property entirely as if it were his own.
See In re Smith’s Estate, 200 So.2d 547.
Also Note: Any sale of estate property by the P.R. must serve a purpose related to the administration of the estate, such as paying debts, taxes, or distributing the estate according to the will, as well as reinvestment of the proceeds. (See In re Estate of Gamble, 183 So. 2d 849).
Related:
What is the purpose of a petition to determine homestead?
Selling Real Estate During Probate in Florida
Transfer of Florida Real Estate After Death
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