Yes, but only from someone with the authority to sell. In Florida that is usually the personal representative. Whether court approval is needed depends on whether the will gives a power of sale. Verify authority and title before you sign anything.
Yes, investors buy houses out of probate in Florida all the time. The key question is who has the legal authority to sign the deed. Get that wrong and you have a contract you cannot close.
Who can sell
In a Florida probate, the personal representative (PR) is appointed by the court and receives letters of administration. The PR, not the heirs, generally controls estate property. Heirs who are not the PR usually cannot sign a deed for the estate.
Court approval: depends on the will
Will with a power of sale: The PR can generally sell without asking the court first. See FS 733.613.
No power of sale: The PR may need court authorization or confirmation before title passes. See FS 733.612 and 733.613.
Under section 733.613, an estate sale without an exercisable power of sale requires court authorization or confirmation before title passes. A probate attorney should confirm the requirements for the estate.
How I approach a probate deal
Confirm a case is open. Check the Clerk of Courts probate records.
Identify the PR and get a copy of the letters of administration.
Read the will for any power of sale.
Get a title search and check for liens, taxes, and mortgages.
Write the contract to be contingent on whatever approvals are needed.
Plan for timing. Probate moves at the court’s pace.
Common problems
Heirs disagree. A hostile family can slow everything down.
No PR yet. Someone may need to open the case first.
Creditors and claims. The estate may owe money. Ask the attorney how it will be paid.
The house is full of stuff and nobody wants to clean it out. That is also your opportunity.
How to talk to a PR
Be patient and clear. Offer a fair, as-is price, a flexible closing date, and to handle cleanout. They are usually dealing with grief and paperwork. Your value is making it simple.
Next step
Pull recent probate filings in your target area and check the property records for homes owned by the decedent. Reach out to the PR or the estate’s attorney, not to random relatives.
How I can help you do this
See the proof first: review my full track record and the before and after projects. Then join the investor list if you want to work together.
I have handled probate properties as part of 23+ years in distressed real estate, along with 500+ home sales and 200+ flips. I am not a probate attorney, so I work with yours or help you find one, and I handle the real estate side:
Find and qualify probate opportunities in Orange County and Central Florida.
Approach the personal representative the right way, with patience and a clear, simple offer.
Price the house as-is and build the rehab and exit plan.
Keep the deal moving with the estate attorney and title company.
Sell the house after if your plan is to flip.
If you have a probate lead and want to know whether it is worth chasing, bring it to me.
This is education, not legal advice. Probate sales have legal requirements. Work with a Florida probate attorney.
Important homestead distinction: Protected Florida homestead and property held through trusts, joint ownership or other transfers can follow different rules. A personal representative does not automatically control protected homestead. Have a Florida probate attorney and the title company confirm ownership, signing authority and required orders before contracting.
Originally published on Equity Edge Orlando. Reviewed for this Substack edition.