In probate, an executor is an individual responsible for administering the decedent’s estate. Primarily, the executor must carry out the wishes expelled out in the last will and ensure a fair distribution to the named beneficiaries.
While being granted authority by the court to sell property without consent in some cases, an executor has a fiduciary duty to act in the best interests of the estate and its beneficiaries.
In this article, you will find out whether an executor can sell property without all beneficiaries’ consent in Florida.
Can Executor Sell Property Without All Beneficiaries Approving in Florida? – As Provided by Law
Florida Statutes §733.603 provide that “a personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified by this code or ordered by the court, shall do so without adjudication, order, or direction of the court.”
Indeed, an executor may sell a property without getting all of the beneficiaries involved in the case to approve. Still, the executor is required to provide notice to all interested beneficiaries that the sale will occur – but they do not have to approve the transaction.
Florida Statutes §733.603 also adds that “a personal representative may invoke the jurisdiction of the court to resolve questions concerning the estate or its administration.”
Personal Representative’s Right to Sell Real Property in Florida
Florida Statutes §733.613 (1) provide that a personal representative has the right to sell real property considering it is for the best interest of the estate and of those interested in it that real property is sold when:
- the personal representative is executing an intestate estate (there is no will in place)
- the testator (person who wrote the will) has not conferred a power of sale
- the testator has granted a power of sale, but the power is so limited by the will or by operation of law that it cannot be conveniently exercised
In such cases, Florida law provides that the personal representative may sell the real property at public or private sale. Also, Florida Statutes §733.613, “no title shall pass until the court authorizes or confirms the sale. No bona fide purchaser shall be required to examine any proceedings before the order of sale.”
Specifically, Florida Statutes §733.613 (2) provide that “when a decedent’s will confers specific power to sell or mortgage real property or a general power to sell any asset of the estate, the personal representative may sell, mortgage, or lease, without authorization or confirmation of court.”
Hence, the executor has authority to sell “any real property of the estate or any interest therein for cash or credit, or for part cash and part credit, and with or without security for unpaid balances. The sale, mortgage, or lease need not be justified by a showing of necessity, and the sale pursuant to power of sale shall be valid.”
As each situation is different, a well-prepared executor must always count on the guidance of an expert legal advisor to properly navigate throughout the probate administration.
Do You Want to Ensure a Stress-Free Experience When Administering Probate Estate? – Contact Your Florida Probate Lawyer Today
Florida law grants a high level of authority to executors, which includes the right to sell or convey property as necessary. However, everything must be done under state law, which makes the advice of an expert lawyer crucial for a positive outcome.