DeedAdvisor/Probate & Property/Who Can Sign the Deed?
Florida probate & property · Free interactive guide

Who can sign the deed?

When a Florida owner dies, the sale stalls on one question: which living person has the legal authority to convey the property. Work the file the way a title coordinator does — read the vesting, find the authority, name the signer, and clear what stands between the file and the closing table.

Six chapters · three case files · eight-item authority packet · scored check

STEP 1 — WHAT THE RECORD SAYS RECORDED DEED · THE VESTING STEP 2 — THE GAP OWNER DIED · NO ONE CAN SIGN YET STEP 3 — WHAT FILLS IT SURVIVORSHIP · TRUST · LETTERS · ORDER OF SUMMARY ADMINISTRATION STEP 4 — THE SIGNER
Chapter 01 — Ownership

Start with the recorded deed.

The word “deceased” does not tell you whether a probate order is needed. The way the owner held title changes the path.

The governing question
Which living person has legal authority to convey this interest?

Pick the ownership pattern on the file. Each one sends the work somewhere different on day one.

Chapter 02 — Probate route

One estate, different signing paths.

The route changes the contract, the deed, and the people who have to be coordinated.

Formal administration

One appointed representative

The court appoints a personal representative. The Letters of Administration evidence the PR’s authority. Review the will, the Letters, the law, and any sale order before you name the signer.

Petition → appointment → Letters → sale authority.

Typical signer: the PR in representative capacity, subject to their authority and to title requirements.

Summary administration

The order vests the property

No PR, no Letters. The order of summary administration distributes the property. Identify the people and interests named in it, then confirm who title requires to execute the deed.

Petition → order → recipients → deed.

Coordinating several recipients often takes longer than coordinating one PR.

2026 rule change

Eligibility depends on the statute and the estate facts

Effective July 1, 2026, Florida raised the summary administration value cap from $75,000 to $150,000. The change is chapter 2026-57, § 7 (CS/HB 1337), which amended § 735.201(2); the Governor approved it April 29, 2026.

The act contains no applicability, retroactivity, or date-of-death provision — § 14 states only that it takes effect July 1, 2026, and the act’s title describes the amendment as “revising when summary administration proceedings may commence.” Ask probate counsel how that bears on a death before that date. The calculation still excludes property exempt from creditor claims, and the alternate route more than two years after death is unchanged.

A will directing formal administration, and protected homestead, can both change the analysis. Never apply a cap to the house’s gross market value without a legal review.

Ancillary administration

The decedent lived out of state

Florida real estate may need a Florida ancillary proceeding. Coordinate with probate counsel on the foreign estate records and the Florida authority.

Not a real-estate path

Disposition without administration

This limited personal-property procedure does not itself transfer title to real estate. If someone offers it as the answer on a house, it is the wrong instrument.

Chapter 03 — Authority

The estate and the sale run on different clocks.

Select a milestone. A closing can happen while the estate is still open, once the authority and the underwriter’s conditions are satisfied.

Will grants power of sale

Section 733.613 generally permits a PR to sell without a separate sale order when the will gives sufficient authority. Check the will, and check for restrictions printed on the Letters.

No usable power of sale

If the decedent died intestate, or the will does not provide usable sale power, court authorization or confirmation may be needed for title to pass. Escalate to counsel and title early — this is the step that moves closing dates.

Chapter 04 — Case lab

Make the first move.

Read the file, choose the best next action, then compare your thinking against the closing path.

What would you do first?
Chapter 05 — Closing desk

Catch the missing document early.

A working checklist. The actual commitment and the underwriter’s written instructions control every file.

Core authority packet

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Escalation flags

Send these to counsel and title

With enough runway to resolve them before the closing date.

01
Protected homestead; a surviving spouse or a minor child
02
Competing heirs, disputed authority, or a PR who is also the buyer
03
Medicaid estate recovery, creditor claims, tax or judgment liens
04
A foreign person among the sellers — ask title about FIRPTA
Do not promise a closing date because a probate petition was filed. Get the authority documents and the written title requirements first.
Chapter 06 — Knowledge check

Can you run the file?

Six decisions. Answer each once; the feedback names the rule behind it.

Your result
0 / 6

Answer the six decisions to see your result.

The rule to carry into every file
Verify the owner, the authority, the signer, and the underwriter’s written requirements.

Title coordinators coordinate. Probate counsel answers inheritance, homestead, and legal-authority questions.

More on Florida probate and property

The section overview covers the four transfer routes, protected homestead, creditor claims, and what probate does — and does not do — to a scheduled foreclosure or tax deed sale.

Probate & Property