If a parent has died and a Palm Beach County house needs attention, start with the deed, the will and the person legally authorized to act. A property can need insurance, lawn care and a value estimate while the estate is still being sorted out. The attorney and title team establish the route to a sale; the real estate plan should follow that route.
A probate home sale has several clocks: appointment and authority, creditor notices, title review and the eventual sale. There is no guaranteed county-wide closing timeline. The will, ownership, homestead status and court orders matter; a power of attorney ends at the principal's death. Have a Florida probate attorney confirm who may act, whether a court order is needed and how the property can transfer before signing a sale contract.
Start with authority, then plan the sale
Managing a home after a death can mean coordinating documents, belongings and family decisions from different places. Brian helps with the property valuation, sale preparation and marketing. A probate attorney handles the legal administration and advises the appropriate client about authority, notices, title and distribution.
Keep a working list of the deed, will or trust documents, insurance, mortgage statements, association contacts, utility accounts and known court filings. Ask counsel who may access, secure and manage the property while authority and ownership are confirmed.
Save the resources you need
Who can act for the house after a death?
A child, beneficiary or person holding an old power of attorney should not assume that role permits a sale. Section 709.2109 provides that a power of attorney terminates when the principal dies. The authority of a personal representative, trustee, surviving owner or other person depends on the applicable documents and law.
Have counsel and the title company review how the property is titled, any trust or survivorship provisions, protected homestead issues and the court record. Do not assume every house follows formal administration or that every beneficiary can sign the deed.
Florida Probate Rule 5.030 generally requires a personal representative to have a Florida attorney unless the representative remains the sole interested person; a representative who is a Florida attorney may represent themself. Ask counsel which procedure and representation requirements fit the estate.
The probate and sale milestones
Use this sequence as a coordination checklist, not a prediction of the court's schedule. Tasks can overlap, and a particular estate may require different proceedings. Ask the attorney to identify the filings, notice dates and orders that control the case.
| Milestone | What to establish | Who to coordinate with |
|---|---|---|
| 1. Review ownership and documents | Deed, will or trust, interested persons and possible homestead | Probate attorney and title team |
| 2. Select the administration route | Formal, summary or another applicable procedure | Probate attorney |
| 3. Establish authority | Appointment, letters, powers and any needed order | Attorney and court |
| 4. Handle required notices and inventory | Actual filing and service dates, property and obligations | Attorney and personal representative |
| 5. Review title and sale authority | Will power, court order, liens and required signatures | Attorney and title team |
| 6. Prepare the property | Access, insurance, condition, repairs and carrying costs | Authorized person, insurer and real estate team |
| 7. Market and negotiate | Price, condition, buyer financing and sale contingencies | Authorized seller and real estate team |
| 8. Close the transaction | Authority, payoffs, title requirements and proceeds handling | Attorney and closing team |
| 9. Complete estate administration | Claims, accounting, distribution and discharge | Attorney and court |
Under Rule 5.400(c), the final accounting and petition for discharge must be filed and served within twelve months after letters for an estate not filing a federal estate tax return. Otherwise the rule measures twelve months from the return's due date; the court may extend time for cause after notice. This is a filing rule, not a promised sale or discharge date.
Illustration: let the legal milestone set the sale date
If counsel determines that a court order is required before title can pass, put that requirement into the proposed sale schedule and contract discussion. The authorized person can discuss valuation, access and preparation with the appropriate professionals while the legal work continues.
A listing plan and a court calendar are different things. Confirm the required authority and title conditions before promising a closing date to a buyer.
Power of sale, creditor notices and title are separate checks
Under section 733.613, a will granting specific power to sell real property or general power to sell estate assets can allow the personal representative to sell without court authorization or confirmation. Under subsection (1), where the required power is absent or cannot conveniently be exercised, title does not pass until the court authorizes or confirms the sale.
Subsection (3) separately addresses a sale under a specific real-property power or a court order: it provides protection from estate creditors' claims and beneficiaries' entitlements, while existing mortgages and other liens remain unaffected. Do not treat a general power and that specific title protection as identical.
Section 733.702 generally measures covered claim deadlines from the later of three months after first publication or, for a creditor required to be served, thirty days after service. Exceptions and other limitations can matter. That claims deadline is not itself a universal minimum wait to sell; counsel and the title company should determine the requirements for the property and transaction.
Attorney compensation and property carrying costs
Section 733.6171 provides a presumed-reasonable schedule for ordinary attorney services in formal estate administration. It is not a mandatory fee, and compensation is negotiable. The statutory compensable value is the inventory value of probate estate assets plus income earned during administration; it is not automatically the house's sale price.
| Compensable estate value | Schedule for ordinary attorney services |
|---|---|
| $40,000 or less | $1,500 |
| Over $40,000 through $70,000 | $1,500 plus $750 |
| Over $70,000 through $100,000 | $2,250 plus $750 |
| Over $100,000 through $1 million | $3,000 plus 3% of the value above $100,000 |
| Over $1 million through $3 million | Add 2.5% of the value in that next band |
On a $500,000 compensable value, that schedule produces $15,000; on $1 million, $30,000. These illustrations exclude extraordinary services, other professional charges and expenses. Get the engagement agreement, scope and likely additional costs from the attorney.
Budget separately for the property's mortgage, taxes, insurance, association charges, utilities and maintenance. Have the authorized person review payment obligations and available funds with counsel and the relevant providers. A county median home price or average marketing time cannot establish this estate's carrying cost or sale date.
Five issues to resolve before promising a sale
- Missing or disputed documents. Give the attorney the will, deed and known court papers; ask how any missing original or dispute changes the process.
- Homestead or spousal rights. Florida homestead descent and devise rules can affect ownership and required signatures. Do not assume a will or a family agreement settles those rights.
- Different beneficiary goals. Discuss who has decision-making authority and how disagreements should be handled.
- Liens or debt. Ask the closing team for title review and payoff requirements; do not assume a sale erases existing mortgages or liens.
- A vacant or remotely managed house. Confirm authorized access, insurance, property condition and routine maintenance while the legal process continues.
Could summary administration or another title route apply?
The current section 735.201 permits summary administration when its conditions are met. For a testate estate, the will must not direct administration under Chapter 733; the estate subject to administration in Florida, less property exempt from creditors' claims, must not exceed $150,000, or the decedent must have been dead for more than two years.
Chapter 2026-57 increased the dollar threshold effective July 1, 2026. Summary administration is still a court procedure, not a guarantee that a home may be sold immediately. Have counsel determine eligibility, creditor obligations and the order or title documents needed for the property.
A trust, survivorship ownership or another existing title arrangement may change the route. Ask a Florida attorney to review the actual recorded documents and homestead issues. Do not assume that a document's informal name or a family member's understanding establishes ownership or signing authority.
Where the real estate work fits
Once counsel identifies who may act and what conditions apply, Brian can help assess the home's condition, compare relevant closed sales and discuss a preparation and marketing plan. Keep repair spending, cleanout, possession and sale timing coordinated with the authorized person and attorney.
Start with a home valuation and gather the documents for selling a parent's home. If belongings need attention, the estate-sale planning guide can help organize the property side.
If another purchase follows the sale, compare proceeds, carrying costs and possession dates before committing to the next contract. The real estate team can coordinate the property tasks; the attorney advises on legal administration and who is authorized to decide or sign.
Palm Beach County Probate FAQ
How long will a probate home sale take?+
Does the creditor deadline require waiting to sell?+
Does every probate sale need a court order?+
Can I use a power of attorney after the owner dies?+
Is the summary administration threshold $150,000?+
Are probate attorney fees fixed by law?+
Discuss the property plan with Brian
Tell Brian which home is involved, what legal work has begun and who counsel has identified as authorized to act.
Get The Wilder Way to a Stress-Free Sale Get The Wilder Way Home
Brian Wilder, Wilder Real Estate Group at Keller Williams Realty: 561-201-4717 | Brian@WilderREG.com
Lucy Lopez, Spanish: 561-285-8809
1,500+ homes sold. Investing in Palm Beach County real estate since 1996, licensed agent since 1998.
Data date: October 27, 2026. Sources: Florida Statutes 709.2109, 732.401, 733.613, 733.6171, 733.702 and 735.201; Laws of Florida Chapter 2026-57; Florida Probate Rules 5.030 and 5.400(c), edition October 15, 2026. General education, not advice on a particular estate. Have a Florida attorney review the actual documents, rights and deadlines. Equal Housing Opportunity.