Florida Statutes

Fla. Stat. § 733.613 (2025)

Personal representative’s right to sell real property.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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733.613 Personal representative’s right to sell real property.—

(1) When a personal representative of an intestate estate, or whose testator has not conferred a power of sale or whose 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, shall consider that it is for the best interest of the estate and of those interested in it that real property be sold, the personal representative may sell it at public or private sale. 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.

(2) 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, 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.

(3) In a sale or mortgage which occurs under a specific power to sell or mortgage real property, or under a court order authorizing or confirming that act, the purchaser or lender takes title free of claims of creditors of the estate and entitlements of estate beneficiaries, except existing mortgages or other liens against real property are not affected.

History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1011, ch. 97-102; s. 137, ch. 2001-226.

Note.—Created from former s. 733.23.

Notes of Decisions

Cited in 21 cases, 1977–2011 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 4× “§ 733.613, Fla. Stat. Personal representative’s right to sell real property.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 3× “F.S. 733.613 Personal representative’s right to sell real property.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “§ 733.613, Fla. Stat. Personal representative's right to sell real property.”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 2× “§ 733.613, Fla. Stat. Personal representative's right to sell real property.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “Statutory References F.S. 733.613(1) Personal representative’s right to sell real property.”

Wright v. Etter, 511 So. 2d 755 (Fla. 2d DCA 1987). · cites it 2× “1st DCA 1966); and § 733.613, Fla.Stat. (1985). G.D. Polly gave a specific devise to appellants and they are entitled to receive the devise in kind.”

In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 2× “§ 733.613, Fla. Stat. Personal representative’s right to sell real property.”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “§ 733.613, Fla. Stat. Personal representatives right to sell real property.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 4× “§ 733.613, Fla.Stat. Personal representative’s right to sell real property.”

Corbin v. Sherman, 637 So. 2d 51 (Fla. 1st DCA 1994). · cites it 2× “Because the requirements of section 733.613(1), Florida Statutes (1991), were not satisfied, and because the trial court did not make necessary findings of fact, we reverse.”

In re Supplemental Petition for Changes in the Florida Rules of Prob. & Guardianship Procedure, 344 So. 2d 828 (Fla. 1977). · cites it 2× “Committee Notes: 1975 Revision: Sub (a) and (b) track the statute [§ 733.613, Fla.Stat. (1975)]. Sub (c) incorporates the petition content requirement into the order rendering it a recordable title document.”

In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007). · cites it 2× “§ 733.613, Fla. Stat. Personal representative's right to sell real property.”

Show all 21 citing cases →

— 733.613(1) — 4 cases

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.613 Personal representative’s right to sell real property.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “Statutory References F.S. 733.613(1) Personal representative’s right to sell real property.”

Corbin v. Sherman, 637 So. 2d 51 (Fla. 1st DCA 1994). “Because the requirements of section 733.613(1), Florida Statutes (1991), were not satisfied, and because the trial court did not make necessary findings of fact, we reverse.”

Florida Bar, 531 So. 2d 1261 (Fla. 1988).

— 733.613(2) — 2 cases

In re Est. of Iandoli, 22 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1986).

In re Est. of Pennell, 539 So. 2d 13 (Fla. 4th DCA 1989).

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