Who Can Sign to Sell a Probate House in Tallahassee? A Clear Guide for Heirs and PRs
When a loved one passes away, selling their house isn’t always straightforward. Probate adds legal complexity especially in Florida, where signature authority and homestead rules can make or break a deal.
If you’re trying to sell an inherited home in Tallahassee, this guide breaks down who can sign, when court approval is required, and how to close the sale as-is with confidence and legal compliance. You’ll also find links to Leon County’s official resources and a decision tree at the end to simplify it all.
What Is Probate and Why It Matters
Probate is Florida’s legal process to:
- Validate the will (if there is one)
- Appoint a personal representative (P.R.)
- Identify assets, pay debts, and transfer remaining property
Any real estate solely in the deceased’s name must go through probate to be sold or transferred.
Who Has Authority to Sell Probate Property
1. Personal Representative (P.R.)
The P.R. appointed by the probate court and issued Letters of Administration is the only person with legal authority to sign contracts or deeds related to estate property.
Even if you’re the heir, you cannot sign a purchase agreement or deed unless the court appoints you as the P.R.
Florida Bar explains it here →
When Does the Court Need to Approve the Sale?
If the Will Grants a “Power of Sale”
You’re in luck — the P.R. can sell without getting additional court approval.
If There’s No Will or No Power of Sale
The P.R. must petition the court to authorize the sale before signing the deed.
This is required under Florida law:
See Florida Statute §733.613 →
What About Homestead Property?
This is where Florida gets tricky. Homestead laws restrict what can be done with a decedent’s primary residence even in probate.
What the Law Says
Florida Statute §732.4015 states that if a person dies with a spouse or minor children, their homestead cannot be devised freely. That property automatically passes to heirs outside the will and is protected from creditors.
Who Signs for a Homestead Sale?
Either:
- All heirs must sign the deed or a waiver, OR
- The court must issue a Petition to Determine Homestead to clear title and allow the P.R. to sign
Many title companies require this homestead order to insure the sale.
Leon County Probate Resources
These links help navigate probate in Tallahassee:
- Leon County Clerk of Courts – Probate Info
- Leon Property Appraiser – Homestead Status Lookup
- Leon County Official Records – Deed Search
Quick Reference: Who Signs and When
| Property Type | Who Signs | Court Order Needed? |
|---|---|---|
| Non-Homestead w/ Power of Sale | Personal Rep. (P.R.) | No |
| Non-Homestead w/o Power of Sale | P.R. | Yes |
| Intestate (No Will) | P.R. | Yes |
| Homestead | All heirs or P.R. + Homestead Order | Yes |
Timeline: How to Close an As-Is Probate Sale
- Open Probate in Leon County
- Get Letters of Administration
- Verify Power of Sale or file for court approval
- File for Homestead Determination if needed
- P.R. signs listing agreement and purchase contract
- Court issues sale authorization (if required)
- P.R. signs and records deed
- Title company clears and insures title
Final Takeaways
- Heirs don’t automatically have authority to sell only a court-appointed P.R. does.
- Homestead adds an extra layer it often requires heir consent or a court order.
- Avoid delays by working with a local title company and attorney who understand Florida probate.
- For a stress-free sale, make sure your title company checks for signature authority early.
Need Help Selling a Probate Property in Tallahassee?
We work directly with your probate attorney and local title company to ensure your as-is sale goes smoothly — even with tricky signature issues or homestead questions.
About Panhandle Real Estate Investments
I’m Peyton Saluto, founder of Panhandle Real Estate Investments. For over seven years, I’ve helped homeowners across the Florida Panhandle find fair and stress-free ways to sell their homes—no repairs, no commissions, and no pressure. My goal is always to put people first and make a real difference in our communities by restoring distressed properties and rebuilding neighborhoods. If you’re thinking about selling, reach out for a no-obligation cash offer. I’d love the opportunity to help you find the best path forward.