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Selling a House in Probate: The Complete Michigan & Florida Guide

Selling a house in probate is often possible before the estate closes, but the transaction should not begin with a buyer. It should begin with the deed, the probate file, and a clear answer to three questions: Who owns the property now? Is it actually a probate asset? Who has legal authority to sign?

This guide explains the practical sale process and the important differences between Michigan and Florida—including Michigan personal-representative powers, restrictions shown on Letters of Authority, Florida powers of sale, court authorization, protected homestead, beneficiary disputes, title, mortgages, repairs, closing, and sale proceeds.

Educational information · Michigan and Florida focus · Reviewed September 1, 2026 · Not legal advice

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Start With Your Situation

When families ask about selling a house in probate, they are often describing four very different legal situations. Choose the one closest to yours.

Michigan probate houseMichigan decedent or Michigan estate real estate.
Florida probate houseFlorida formal estate real estate and sale authority.
Florida homesteadSpecial constitutional and statutory treatment.
Out-of-state propertyMichigan–Florida or other multi-state estate.

Do not list first and solve probate later. Title and authority problems discovered after a purchase agreement can create unnecessary delay, renegotiation, or a failed closing.

Can You Sell a House While It Is in Probate?

Often, yes. Selling a house in probate does not necessarily require waiting until the estate is closed. The critical questions are whether the property is controlled by the probate estate, whether the personal representative or another person has authority to sell, whether a court order or confirmation is required, and whether special property rules apply.

In Michigan, a personal representative generally has broad statutory powers, subject to the will, court orders, fiduciary duties, and restrictions on the Letters. In Florida, the will’s power-of-sale language can materially change whether court authorization or confirmation is necessary, and protected homestead requires a separate analysis.

Beneficiary status is not the same thing as signing authority. A person who will ultimately inherit property does not automatically have present authority to sign a listing agreement, purchase contract, or deed.

Step One: Is the House Actually a Probate Asset?

The threshold question in selling a house in probate is ownership. Obtain the recorded deed and relevant title documents before assuming the estate controls the property.

Sole ownership

Real estate titled solely to the decedent commonly requires probate analysis, subject to state-specific rules and the decedent’s estate plan.

Joint ownership with survivorship

A valid survivorship interest may transfer the decedent’s ownership outside probate. Do not infer survivorship merely because the co-owner is a spouse or relative; read the deed.

Trust ownership

If the recorded owner is a trustee or trust, trust administration may control the transaction rather than probate. A trust document alone does not transfer real estate that was never deeded to the trust.

Entity ownership

If an LLC or corporation owns the real estate, the estate may own an interest in the entity instead of the land itself. The governing agreement can affect transfer and management.

Florida protected homestead

Protected homestead is not treated like ordinary Florida estate property. Florida § 733.608 excludes protected homestead from the ordinary estate assets in the personal representative’s hands.

Property in another state

Real property is governed importantly by the law of the state where it is located. A fiduciary appointment from one state may require recognition or ancillary proceedings in another.

Who Has Authority to Sell Estate Real Estate?

Before selling a house in probate, identify the source and scope of authority. Review the will, court appointment, Letters, court orders, deed, title requirements, and applicable statute.

Michigan

MCL 700.3715 provides broad powers to a personal representative acting reasonably for interested persons, including authority to acquire or dispose of property—including land—at public or private sale, subject to restrictions or other provisions in the will or a formal-proceeding order and the other statutory conditions.

Florida

Florida § 733.613 distinguishes between a will containing a usable power of sale and an intestate estate or will without a usable power. That distinction can determine whether a sale proceeds without court authorization or whether authorization or confirmation is required before title passes.

Michigan vs. Florida: Selling a House in Probate

Issue	Michigan	Florida
General sale power	MCL 700.3715 permits a personal representative, subject to restrictions and fiduciary standards, to dispose of property including land at public or private sale.	Fla. Stat. § 733.613 governs the personal representative’s right to sell estate real property and distinguishes whether the will supplies a usable power of sale.
Court approval always required?	No. Authority depends on EPIC, the will, court orders, the administration, and restrictions endorsed on the Letters.	No. A qualifying power of sale in the will can permit sale without court authorization or confirmation. Otherwise, § 733.613(1) provides that title does not pass until the court authorizes or confirms the sale.
Proof of appointment	Letters of Authority. Current PC 572 expressly allows limitations and includes a specific option restricting authority over identified real estate or business interests.	Letters of Administration plus the will, probate record, and any relevant court order or sale authority.
Homestead	Michigan does not use Florida’s constitutional protected-homestead probate framework.	Potentially decisive. Protected homestead is excluded from ordinary estate assets in the PR’s hands under § 733.608(1).
Conflict transaction	MCL 700.3713 and fiduciary duties require close scrutiny of conflicted transactions.	§ 733.610 makes specified self-interested or conflicted transactions voidable unless a statutory exception applies.
Out-of-state estate	Michigan foreign-personal-representative rules can sometimes establish authority without a separate Michigan appointment.	Florida Chapter 734 may require or permit ancillary administration for Florida property of a nonresident.

Selling a House in Probate in Michigan

Michigan gives personal representatives substantial administrative authority. MCL 700.3715 states that, except as restricted or otherwise provided by the will or an order in a formal proceeding, and subject to the statute’s other conditions and priorities, a personal representative acting reasonably for the benefit of interested persons may perform a broad range of transactions. Those powers include acquiring or disposing of property—including land in Michigan or another jurisdiction—for cash or credit at public or private sale.

Video: Selling Michigan Probate Real Estate

Watch this Michigan-focused explanation from The Probate Pro, then use the statutory guidance below to understand how authority, restrictions, and the probate file affect a sale.

Watch the video on YouTube →

The same statute authorizes management of estate property, repairs and improvements, leasing, subdivision and development, and other acts that can become relevant when preparing real estate for sale.

Michigan practice point: inspect the actual Letters of Authority. Michigan PC 572 states that the personal representative may perform acts authorized by law unless exceptions are specified and contains a specific restriction option providing no authority over identified estate real estate or business interests.

What if the estate is supervised?

Under MCL 700.3504, a supervised personal representative generally has the powers of a personal representative unless restricted by the court, but cannot make a distribution without prior court order. Other court-ordered restrictions must be endorsed on the Letters to be effective against people dealing in good faith with the personal representative.

Does the probate court have to approve every Michigan sale?

No. Michigan’s statutory framework does not require a court order for every real-estate sale simply because property is in probate. The actual analysis should include the will, whether the estate is supervised, restrictions on the Letters, any formal orders, conflicts, title issues, and whether the personal representative is acting consistently with fiduciary duties.

Michigan MCL 700.3715 Michigan PC 572

Selling a House in Probate in Florida

Florida requires a different analysis. Section 733.613 directly governs a personal representative’s right to sell estate real property.

Will contains a usable power of sale

Under § 733.613(2), if the will gives a specific power to sell or mortgage real property or a general power to sell estate assets, the personal representative may sell, mortgage, or lease estate real property without court authorization or confirmation, subject to applicable law.

No usable power of sale

Under § 733.613(1), when the estate is intestate, the will does not confer a power of sale, or the power is too limited to be conveniently exercised, the personal representative may sell when the sale is considered in the best interest of the estate and interested persons, but title does not pass until the court authorizes or confirms the sale.

When court authorization or confirmation is required, Florida Probate Rule 5.370 requires a verified petition stating the reasons for the sale, a description of the real property, and the price and terms. The order must describe the property, and an order authorizing a private sale must specify the price and terms.

Florida practice point: before listing, determine whether the property is protected homestead and whether the will actually supplies a usable power of sale. Those questions can change both authority and closing requirements.

Fla. Stat. § 733.613 Fla. Stat. § 733.610

Florida Protected Homestead: Analyze This Before Treating the House Like an Ordinary Estate Asset

Florida protected homestead is one of the most important reasons a generic national article about selling a house in probate can be misleading. Florida § 733.608(1) excludes protected homestead from the ordinary real and personal property that constitutes assets in the personal representative’s hands.

Florida § 732.4015 restricts devise of protected homestead when the owner is survived by a spouse or minor child, except that homestead may be devised to the spouse when there is no minor child. When homestead is not validly devised and the decedent is survived by a spouse and descendants, § 732.401 can give the spouse a life estate with vested remainder to the descendants. The surviving spouse may instead elect an undivided one-half tenancy-in-common interest, subject to the statute’s requirements; the election generally must be made within six months after death and during the surviving spouse’s lifetime.

Do not assume “the estate owns the Florida house.” Determine homestead status, surviving-spouse and minor-child facts, devise validity, and who holds the post-death interest before deciding who must sign a listing agreement, contract, or deed.

Section 733.608 also gives the personal representative limited authority to preserve, insure, and protect property that reasonably appears to be protected homestead when specified circumstances exist. That limited preservation authority should not be confused with ordinary estate ownership or unrestricted sale authority.

Fla. Stat. § 733.608 Fla. Stat. § 732.401 Fla. Stat. § 732.4015

Selling a House in Probate: The 10-Step Roadmap

1
Get the deed. Confirm record ownership, legal description, co-owners, survivorship language, trust or entity ownership, and recorded liens.
2
Identify domicile and property location. The primary estate may be in one state while the real estate requires authority in another.
3
Determine whether the property is probate property. Resolve trust, survivorship, entity, beneficiary-transfer, and Florida homestead questions first.
4
Establish fiduciary authority. Obtain and review the appointment, Letters, will, and relevant orders before signing transaction documents.
5
Open title work early. Probate defects discovered after a purchase agreement can create unnecessary delay or jeopardize the closing.
6
Protect the property. Address insurance, vacancy, utilities, security, taxes, association charges, mortgage payments, and necessary maintenance.
7
Choose a sale strategy. Compare market listing, as-is listing, repairs, and direct offers based on net value, timing, risk, and estate needs.
8
Use the correct approval process. Confirm whether the fiduciary can sign independently or whether court authorization, confirmation, beneficiary participation, or another legal step is needed.
9
Close with correct signatures and payoff instructions. Coordinate the deed, mortgages, liens, taxes, commissions, title requirements, and destination of estate proceeds.
10
Account for the proceeds. A closing is not automatically a distribution. Net proceeds may remain estate assets needed for claims, expenses, taxes, statutory rights, reserves, and eventual distribution.

Can Beneficiaries Stop the Sale of a Probate House?

A beneficiary’s disagreement does not automatically eliminate a duly authorized personal representative’s statutory powers. But objections can matter when the fiduciary lacks authority, violates a restriction, proposes an unreasonable transaction, acts with a conflict of interest, mishandles valuation, or otherwise breaches fiduciary duties.

Communication reduces disputes

A well-documented file can include appraisals or market analyses, repair estimates, offers, expected carrying costs, title issues, reasons for the sale, and the anticipated net outcome.

Consent is not a substitute for authority

Even unanimous family agreement cannot override a statute, court order, valid restriction, creditor right, title requirement, or Florida homestead rule.

The Personal Representative Is a Fiduciary, Not Just a Seller

When selling a house in probate, the fiduciary should evaluate more than the headline purchase price. Relevant considerations can include market exposure, certainty of closing, repairs, concessions, financing risk, taxes, insurance, vacancy, maintenance, mortgage obligations, commissions, creditor needs, beneficiary interests, and conflicts.

Florida § 733.610 specifically addresses sales and other transactions affected by conflicts of interest. Michigan MCL 700.3713 similarly addresses conflicted sales and transactions, while MCL 700.3715 conditions the enumerated administrative powers on acting reasonably for the benefit of interested persons.

A fast offer is not automatically a good fiduciary decision, and the highest nominal offer is not automatically the best net estate result. Document the decision-making process.

Should the Estate List the House or Accept a Cash Offer?

Traditional market listing

Potential advantages: broad exposure and competitive bidding. Tradeoffs: preparation, showings, financing contingencies, inspections, negotiations, and longer carrying time.

As-is market listing

May combine open-market exposure with reduced repair burden. The estate still needs a clear strategy for condition, personal property, disclosures, access, and title.

Direct cash offer

Potential advantages: speed and fewer financing conditions. Tradeoff: convenience may come with a lower price. The fiduciary should be able to explain why the transaction is reasonable.

Compare net outcomes, not slogans. Price, commissions, repairs, concessions, taxes, carrying costs, certainty, timing, and fiduciary risk all affect what is best for the estate.

Mortgage, Taxes, Insurance, Repairs & Carrying Costs

Mortgage

Death does not make a recorded mortgage disappear. Obtain payoff information and coordinate with the lender and title professional. Do not distribute proceeds before understanding secured debt and estate obligations.

Insurance

Notify the appropriate insurance professional of the death and occupancy status. A vacant house can present different underwriting risks, and a lapse can expose the estate to substantial loss.

Taxes and associations

Track property taxes, assessments, condominium or HOA charges, utilities, municipal obligations, and other carrying costs so they do not become closing surprises.

Repairs

Repairs should have an estate purpose. Document why an expenditure protects the property, preserves value, improves marketability, or improves the expected net result.

What Happens to the Furniture and Personal Property?

The house and its contents are separate assets. Before cleanout, identify specifically devised items, valuable personal property, financial and tax records, titles, keys, digital devices, sentimental property, vehicles, and anything potentially relevant to estate administration. Maintain a reasonable inventory trail before donating, discarding, distributing, or selling contents.

Removing contents prematurely can create beneficiary disputes and make it harder to prove what property existed, what was distributed, and what was sold.

What If the Decedent Lived in Michigan but Owned Florida Property—or Vice Versa?

Probate real estate can become a multi-state problem. Real property generally requires attention to the law of the state where the property is located. A Michigan domiciliary estate with Florida real estate may need Florida ancillary authority. A Florida fiduciary dealing with Michigan property should evaluate Michigan’s foreign-personal-representative provisions before assuming a second full appointment is required.

Selling a house in probate across state lines should be coordinated as one estate strategy, not two unrelated files.

Read: Michigan and Florida Ancillary Probate Guide →

Probate Real Estate Closing: What Happens to the Money?

At closing, the title or closing professional generally handles transaction-specific items such as authorized mortgage and lien payoffs, taxes, commissions, title charges, association amounts, and other closing obligations. The remaining funds then must be handled by the legally entitled estate, fiduciary, trust, heirs, devisees, or owners according to the governing facts.

Sale proceeds are not automatically inheritance checks. In an estate sale, cash may remain subject to administration expenses, creditor claims, taxes, family or spouse rights, litigation, reserves, fiduciary fees, and the eventual distribution plan.

Related Probate Pro Cornerstone Guides

Frequently Asked Questions About Selling a House in Probate

Can you sell a house before probate is finished?

Often, yes. The estate does not necessarily have to be closed first. Title, fiduciary authority, restrictions, state law, court requirements, and Florida homestead status can affect the transaction.

Can an executor sell a house without all beneficiaries agreeing?

Sometimes. Beneficiary consent is not always a prerequisite to an authorized fiduciary sale. But the will, statutes, court orders, fiduciary duties, title, conflicts, and type of administration can change the answer.

Does a Michigan personal representative need court approval to sell real estate?

Not automatically. MCL 700.3715 gives a personal representative broad authority to dispose of property, including land, subject to restrictions in the will, formal-proceeding orders, statutory duties, and limitations on the Letters. Inspect the actual Letters of Authority.

Does a Florida personal representative need court approval to sell real estate?

It depends. Under Fla. Stat. § 733.613(2), a qualifying power of sale in the will can permit sale without court authorization or confirmation. Under § 733.613(1), when there is no usable power of sale, title does not pass until the court authorizes or confirms the sale. Protected homestead requires separate analysis.

Can a probate house be listed before Letters are issued?

Be cautious. A prospective fiduciary should not assume authority that has not yet been granted. The listing agreement, contract timing, title requirements, and local practice should be coordinated before committing the estate.

Who signs the deed in a probate sale?

The person or persons who legally hold conveyancing authority. That may be a personal representative, heirs or devisees, trustee, surviving owner, or another authorized party depending on title and state law.

Can one beneficiary buy the probate house?

Potentially, but fiduciary duties, valuation, disclosure, consent, conflicts, and possible court approval should be evaluated carefully. A related-party sale deserves more documentation, not less.

Can the personal representative buy estate property?

Self-interested transactions present serious conflict issues. Florida § 733.610 expressly makes specified conflicted transactions voidable unless a statutory exception applies. Michigan also has statutory conflict rules for personal representatives.

Does the probate inventory value set the sale price?

Not necessarily. An inventory valuation and an actual market transaction serve different purposes. The fiduciary should obtain appropriate valuation information and evaluate the sale reasonably under current circumstances.

What happens if the house has a mortgage?

The mortgage lien generally remains relevant. The estate should obtain payoff information and coordinate title and closing requirements rather than assuming the debt vanished at death.

Who pays expenses while the house is in probate?

That depends on ownership, the estate, liquidity, authority, and applicable law. Keep detailed records of taxes, insurance, utilities, repairs, association charges, mortgage payments, and other expenditures.

Can estate money be used for repairs?

Potentially, when the fiduciary has authority and the expenditure is appropriate for administration. Document why repairs protect value, preserve the property, or improve the estate’s expected net result.

Can a beneficiary stop a probate house sale?

An objection can be raised, but disagreement alone does not necessarily defeat an authorized sale. Lack of authority, conflicts, unreasonable conduct, restrictions, or breach of fiduciary duty can create legitimate grounds for court involvement.

What if the Florida property was the decedent’s homestead?

Do not treat it as ordinary estate real estate. Florida protected homestead has special constitutional and statutory rules affecting devise, descent, creditors, possession, fiduciary authority, and who holds the post-death interest.

Can a Michigan personal representative sell a Florida house?

A Michigan appointment alone should not be assumed to provide authority to convey Florida real estate. Florida ancillary administration or another Florida procedure may be necessary depending on title and the facts.

Can a Florida personal representative sell Michigan real estate?

Potentially, but Michigan law controls authority relating to Michigan property. Michigan’s foreign-personal-representative provisions should be evaluated to determine whether authenticated foreign authority can be used or local administration is required.

What happens to the sale proceeds?

Net proceeds are handled according to the estate and title structure. In estate administration, they may remain estate assets for expenses, creditors, taxes, reserves, and eventual distribution rather than being paid immediately to beneficiaries.

How long does selling a house in probate take?

There is no universal timeline. Appointment, title defects, homestead, creditors, repairs, court authorization, market conditions, financing, disputes, and ancillary proceedings can all affect timing.

Written by Darren Findling
Founder, The Probate Pro. This guide is designed to make probate real-estate issues understandable to personal representatives, beneficiaries, heirs, families, and professionals. It is educational and is not a substitute for advice about a specific estate, title, transaction, or jurisdiction.

Primary Authorities & Further Reading

Accuracy note: Final publication audit completed September 2, 2026 against current Michigan EPIC/SCAO materials, the 2026 Florida Statutes, and the Florida Probate Rules current through July 16, 2026. Statutes, court rules, forms, title standards, and local practices can change; current authority should be checked before acting.

Probate Real Estate Is a Title-and-Authority Problem Before It Is a Sales Problem

Before an estate signs a listing agreement, accepts an offer, makes major repairs, or schedules a closing, identify who owns the property and who has authority to act. The Probate Pro assists with probate and estate administration matters involving Michigan and Florida property.