Deed Guides
Buying a Florida Home From an Estate
Direct answer
You cannot take title to a Florida house from an estate until the right person signs a deed. A will does not change Official Records by itself. In a formal administration, the personal representative signs, and section 733.613 says title does not pass until the court authorizes or confirms the sale unless the will gives a power of sale. In a summary administration, the court order assigns the property and no personal representative is appointed. Summary administration is available when the estate subject to administration, less exempt property, does not exceed $150,000, or the person has been dead more than two years, and the will does not require formal administration. Time to Close Title searches the title, issues the policy, and closes the purchase. We do not open the probate.
Key takeaways
- A will, a death certificate, and a family agreement are not a deed.
- If the will gives a power of sale, the personal representative can sign without a separate sale order. If it does not, the court has to authorize or confirm the sale.
- Summary administration uses a court order, not letters. The current statute uses a $150,000 cap, or death more than two years ago.
- Homestead in a probate file is a separate determination. A surviving spouse can limit who can sell.
- We search title and close the purchase. The estate’s attorney opens the probate. An owner’s policy is still the buyer’s protection.
Who can sign the deed when you buy from a Florida estate?
The person with authority. In a formal administration that is the personal representative, after letters are issued. Section 733.613 lets that person sell without a further court order when the will gives a specific power to sell real property or a general power to sell any asset. If there is no power of sale, or the power is too limited to use, no title passes until the court authorizes or confirms the sale. A buyer does not have to read every paper filed before that order.
Summary administration is different. Section 735.206 lets the court assign the property to the people entitled to it. Those people, not a personal representative, are who the deed comes from after the order. Florida has no transfer-on-death deed that skips this. A Lady Bird deed or a deed into a trust recorded during life is a different file.
| Path | Who signs the deed | What we need in the file |
|---|---|---|
| Formal administration, will has a power of sale | Personal representative | Letters and the will provision |
| Formal administration, no usable power of sale | Personal representative | Letters plus the order authorizing or confirming the sale |
| Summary administration | The people the order names | The order of summary administration, not letters |
| Will only, no court file | Nobody yet | We cannot insure a deed the will never authorized |
When is summary administration enough?
Section 735.201 allows summary administration of a Florida estate when the will does not require formal administration and either the estate subject to administration, less property exempt from creditor claims, does not exceed $150,000, or the decedent has been dead more than two years. That dollar cap is the 2026 statute. The estate’s attorney decides whether this estate qualifies. We do not.
The order distributes the asset. It is not letters, and it is not a deed. The people who receive the house still have to sign a deed to you if you are the buyer. Section 735.206 also says those recipients stay personally liable for lawful claims up to the value they actually received, not counting exempt property. An owner’s title policy is how a buyer deals with what the order did not wipe off the land.
$150,000
Current summary-administration cap, after exempt property. Or death more than two years ago.
Letters
Formal administration. No deed from a personal representative before letters issue.
Order
Summary administration. The order assigns the house. It is not the deed.
What is different when the house was homestead?
Homestead in a probate file is not the same rule as both spouses signing a deed while the owner is alive. A petition to determine homestead is common, and a surviving spouse or a minor child can limit who takes the house and whether it can be sold to pay debts. If that order is missing, the title search stops the closing.
Tell us the county, whether a spouse survived, and whether anyone has already opened a case. Hernando County probate and Official Records are in Brooksville. See our Hernando County page.
How does Time to Close Title close an estate purchase?
Send the contract, the death certificate, and whatever the court has already entered: letters, the will, a sale order, or an order of summary administration. We examine the chain and the probate authority together. We do not file the petition or appear as probate counsel.
Documentary stamp tax on the deed follows the same consideration rules as any other Florida sale. We do not invent that figure. It is a line on the settlement statement when we close.
Open the title file
Contract, death certificate, and the letters or the summary-administration order.
Match the signer to the authority
Power of sale, a sale order, or the people named in the summary order. A will alone is not enough.
Clear homestead and liens
Homestead determination, mortgages, and claims the search finds. The estate’s attorney handles the court.
Close and record
We close the purchase, collect documentary stamps as part of settlement, and the personal representative’s deed or the heirs’ deed is recorded with the county clerk.
Can Time to Close Title insure a purchase from an estate?
Yes, when the signer has authority and the search can be insured. Call (352) 792-1214 or contact us from 3087 Anderson Snow Road in Spring Hill. We close Florida purchases from estates. We do not open the probate.
Frequently asked questions
Can I buy a Florida house if the seller only has a will?
Not yet. The will has to be admitted and someone with authority has to sign the deed. That is the personal representative, or the people named in an order of summary administration.
Does the personal representative need a court order to sell?
Only if the will does not give a usable power of sale. Section 733.613 says title does not pass until the court authorizes or confirms the sale in that case.
What is the summary administration limit in Florida?
Section 735.201 allows it when the estate subject to administration, less exempt property, does not exceed $150,000, or the decedent has been dead more than two years, and the will does not require formal administration.
Does an owner’s title policy still matter on an estate sale?
Yes. The deed from the estate does not promise the chain was clear. An owner’s policy is the buyer’s coverage after closing.
Does Time to Close Title handle the probate?
No. The estate’s attorney opens the case and gets the letters or the order. We search the title, insure the buyer, and close the purchase.