Selling an Inherited Florida House:
Who Has to Sign?

As a Florida attorney who is also a licensed Realtor, I see this from both ends of the closing table. The listing goes up, a buyer appears, and then the title company sends a list of requirements that stops everything: a probate order, consents from people the family has not spoken to in years, and a question about a stepmother nobody mentioned. Here is what the title company is really asking for and why.

Why a Deed From the Heirs Is Not Enough

When a Florida homeowner dies, protected homestead passes outside the probate estate directly to the heirs or devisees (Fla. Stat. § 732.401 and Art. X, § 4 of the Florida Constitution). That is good news for creditors’ claims. It is bad news for proof. The public record shows a dead owner and nothing else. Who the heirs are, whether there was a spouse, whether a will devised the house validly, whether a child was a minor: none of that is on record. The court order fixes it. An Order Determining Homestead, entered in a summary or formal administration, declares that the property was the decedent’s homestead and names the people who took it. Recorded in the county’s official records, it becomes the link in the chain of title that a buyer’s title insurer can rely on.

Who Must Sign the Deed Once the Order Is Recorded

• Every heir or devisee named in the order. If the decedent left four children, four signatures, with spouses joining where the signer is married and the property might be their own homestead.
• A surviving spouse. If the home was not left to the spouse outright and there are descendants, the spouse holds a life estate with the descendants as remaindermen, or may elect within six months of death to take an undivided one-half interest instead (Fla. Stat. § 732.401). Either way the spouse must sign, and the sale proceeds are divided according to the interests.
• Minor children. A minor cannot convey real estate. A guardian of the property, with court approval of the sale, signs for them.
• Heirs who have died since. Their share passed through their own estate, and their heirs or personal representative must sign.

The Consent the Title Company Is Really Asking About

The phrase “heir consent” covers two different things. Inside the probate, every heir who is not receiving a full share under the proposed order must join in or consent to the summary administration petition, or be formally served (Fla. Prob. R. 5.530). At the closing, every owner named in the order must sign the deed. The first is a consent to the court procedure; the second is a conveyance. A cooperative family gives both in an afternoon. An uncooperative one gives neither, and that is where partition comes in.

When One Heir Refuses to Sell

No co-owner can be forced to sign a deed. But any co-owner can file a partition action under Chapter 64, Florida Statutes, asking the court to order the property sold and the proceeds divided. It works, it is slow, and the legal fees come out of everyone’s share. In my experience the credible prospect of a partition suit, explained plainly to the holdout, resolves most of these before a lawsuit is filed. Buying out the holdout at an appraised value is usually cheaper than litigating.

What About Property That Was Not the Homestead?

A rental, a lot, or a second home is a probate asset. It passes under the Order of Summary Administration itself, which names the distributee with the full legal description. Same recording, same signatures at closing. If the value of the non-exempt estate exceeds $150,000 and the death was within the last two years, the estate needs formal administration, and the personal representative signs the deed under letters of administration instead.

Related Reading

• Summary Administration With a House: the homestead determination.
• The Two-Year Rule: clearing a title years after the death.
• Florida Homestead Exemption and Estate Planning: the rules for owners.
• Summary Administration by County: where it is filed and what each circuit requires.

This article is for general informational purposes and does not constitute legal advice. Eligibility and procedure depend on the specific assets, creditors, and family circumstances. Consult a licensed Florida attorney regarding your situation. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.