The Florida Petition to Sell Real Property is the formal court request a personal representative, guardian, or curator files in circuit court to get a judge’s permission to sell real estate that belongs to a probate estate, a ward, or a minor under Fla. Stat. §733.613, Fla. Stat. §744.447, and Florida Probate Rule 5.370. Without a signed order on this petition, any sale a fiduciary tries to close can be voided, the title insurer will refuse to insure, and the closing agent will walk away from the table.
Florida circuit courts process tens of thousands of probate and guardianship sale petitions each year, and the Real Property, Probate and Trust Law Section of The Florida Bar reports that roughly 1 in 4 pro se petitions get bounced on the first review for missing legal descriptions, missing notice, or missing supporting contracts. This guide walks you through every box, every signature line, and every attachment so your petition lands cleanly on the judge’s desk the first time.
- 🏛️ How to identify the right statute and rule for your fiduciary role
- 📝 A line-by-line breakdown of every field on the petition
- 👨👩👧 Three full named-filer scenarios you can copy from
- 📬 Every filing channel, fee, and deadline in plain English
- ⚠️ The 12 mistakes that get petitions rejected and how to dodge them
What the Form Is and Who Must File It
The Petition to Sell Real Property is a probate-division pleading that asks the circuit court to authorize and confirm the sale of real estate held in a fiduciary capacity. It is not a deed, a contract, or a listing agreement. It is the gateway document that turns a private sale into a court-approved transfer that title companies will insure under Fla. Stat. §733.613.
Three categories of fiduciaries file this petition. A personal representative files it when selling a decedent’s non-homestead real property to pay debts, taxes, or to distribute proceeds to beneficiaries. A guardian files it when selling property owned by a minor or an adult ward, governed by Fla. Stat. §744.447. A curator or administrator ad litem may also file it during the gap between a death and the appointment of a permanent personal representative.
The form is required because Florida law treats real property as a protected asset class. Real estate is the single largest asset in most estates, and the Legislature built in a court-approval gate to stop self-dealing, undervalued sales, and pressure tactics on grieving heirs or vulnerable wards. The form is governed by Florida Probate Rule 5.370, which sets the minimum content and the notice rules.
The petition is filed in the circuit court probate or guardianship division of the county where the estate or guardianship is administered, not the county where the property sits. That distinction trips up many pro se filers who assume they must file in the property’s county. The clerk of that probate division accepts the petition through the Florida Courts E-Filing Portal.
Most counties use a generic petition template, but Miami-Dade, Broward, Hillsborough, Orange, Pinellas, and Duval each publish their own preferred local versions. Always check the revision date printed at the bottom corner of the form before filing, because counties refresh their templates every 12 to 24 months. Using a stale version gets the petition kicked back for non-conformity.
Before You Start: Documents and Information You Need
Florida judges read these petitions quickly, and missing attachments are the number one cause of delay. Gather everything below before you open the form, because incomplete petitions force a re-filing and a second filing fee in many counties.
- Letters of Administration or Letters of Guardianship. These prove you have the legal authority to act, and without them the clerk will not docket the petition.
- Certified copy of the recorded deed. This confirms the decedent or ward actually owns the property, and a missing deed creates a chain-of-title gap the title insurer will not bridge.
- Full legal description of the property. This is the metes-and-bounds or platted description from the deed, not the street address, because the order has to match the public records exactly.
- Property appraiser’s parcel ID number. Pull this from the county property appraiser’s website, because the order references this ID and a wrong digit voids the recording.
- Recent appraisal or broker’s price opinion. Florida judges expect proof the price is fair, and absent comparables they often continue the hearing.
- Signed contract for sale and purchase. Most judges require the actual executed contract attached as an exhibit, not a draft, because terms shape the order.
- Written consents or waivers from interested persons. Beneficiaries, heirs, and known creditors must either consent or be served, and missing consents trigger the 20-day objection clock under Rule 5.370.
- Proposed order granting the petition. Judges want a clean order they can sign, and a missing order can add weeks to the timeline.
- Inventory or accounting reference. The petition must reference the inventory line item that lists the property, because the court cross-checks the asset against the estate file.
- Notice of hearing if a hearing is set. Some divisions auto-set, others require you to coordinate, and missing notice voids any order entered.
Where to Get the Form and How to Access It
There is no single statewide official PDF for the Petition to Sell Real Property. Instead, three reliable sources publish current templates. The first is The Florida Bar’s RPPTL Section forms library, which posts the most heavily used probate forms. The second is each county’s clerk of court website, and the third is the Florida Practice Series and LexisNexis Florida Forms commercial libraries that most attorneys use.
Pro se filers should start with their home county clerk’s self-help center. Miami-Dade publishes its forms through the Eleventh Circuit’s self-help portal. Broward posts forms through the Seventeenth Circuit. Hillsborough uses the Thirteenth Circuit’s site, and Orange County uses the Ninth Circuit. Each circuit’s preferred template lines up with that judge’s docket habits.
The form is downloaded as a fillable PDF in most counties. You complete it on a computer, save it, and upload through the E-Filing Portal. Handwritten petitions are accepted but are far more likely to be rejected for legibility, especially on the legal-description box.
If you cannot access the e-filing portal, you may still file in person at the clerk’s office. Bring three copies, one for the clerk, one for the judge, and one stamped copy for your records. The clerk will not photocopy for free in most counties, so prepare the copies before you arrive.
Step-by-Step: How to Fill Out the Florida Petition to Sell Real Property Line by Line
This section is the spine of the article. Every box and line below corresponds to a field that appears on the standard probate-division Petition to Sell Real Property used across Florida circuit courts under Rule 5.370.
Caption: Court, County, and Division
The caption sits at the top of page one and tells the clerk where the petition belongs. It asks for the circuit court name, the county, the probate or guardianship division, and the case number assigned when the estate or guardianship was opened.
To answer it, write the full circuit name, the county, the division, and the existing case number from your Letters. For example, Maria Lopez writes “IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PROBATE DIVISION, Case No. 2024-CP-001234” exactly as it appears on her Letters of Administration.
A common edge case is when the property sits in a different county than the probate file. The caption still uses the probate county, not the property county, because jurisdiction follows the estate.
The most frequent mistake is leaving the case number blank or entering a wrong digit, which causes the e-filing portal to create a brand-new case and assess a new filing fee. The portal will not refund this error, so confirm the case number against the Letters before submitting.
A common misconception is that the caption must list the property address. It must not. The caption identifies the case, not the asset.
Style of the Case: Estate of / Guardianship of
Right under the caption, the form asks for the style of the case, which is the formal name of the matter. Probate cases read In Re: Estate of [Decedent’s Name], Deceased, and guardianships read In Re: Guardianship of [Ward’s Name], an Incapacitated Adult or a Minor.
Write the style exactly as it appears on the Letters. For example, Carlos Rivera writes “In Re: Estate of Eleanor Rivera, Deceased” on the petition because that is how the court file is captioned.
A nuance arises when the decedent had a maiden name, a married name, and a public name. Use the legal name on the death certificate, with any aliases listed in an “a/k/a” line, because the order of sale will be recorded against title and any name mismatch breaks the chain.
A common mistake is using a nickname or an informal spelling, which makes the recorded order unsearchable in the official records. The consequence is a clouded title that a future buyer’s title agent will flag and require curative action.
The misconception here is that the style can be shortened. It cannot. The probate division uses the full style on every pleading.
Title of the Petition
The form has a title line that reads “Petition to Sell Real Property” or, in some counties, “Petition for Authority to Sell Real Property” or “Verified Petition to Sell Real Property at Private Sale.”
Use the exact title printed on the official template you downloaded. If you are filing under Fla. Stat. §733.613(1), title it “Petition to Sell Real Property at Private Sale.” If you are filing under §733.613(2) at public sale, title it “Petition to Sell Real Property at Public Sale.”
The edge case is a sale that includes both real property and a piece of fixed personal property such as a mobile home. In that case, the title should read “Petition to Sell Real and Personal Property” and cite both §733.613 and §733.612(22).
A common mistake is filing under the wrong subsection, which leads the judge to apply the wrong notice standard. The consequence is a delayed hearing while the petitioner re-notices interested persons.
The misconception is that “private sale” means no notice is required. It does not. Private sale simply means a non-auction sale, and it still requires notice to all interested persons.
Paragraph 1: Identification of the Petitioner
Paragraph 1 asks the petitioner to identify themselves, their role, and the date they were appointed. It usually reads, “Petitioner, [Name], is the duly appointed Personal Representative of the Estate of [Decedent], appointed on [Date] by Order of this Court.”
Fill in your full legal name as it appears on your Letters, your fiduciary title, and the date Letters issued. For example, Aisha Brown writes “Petitioner, Aisha Brown, is the duly appointed Personal Representative of the Estate of Robert Brown, appointed on March 4, 2026, by Order of this Court.”
A nuance applies to co-personal representatives. If two people serve, both must be named and both must sign the petition, because Florida treats co-PRs as joint actors absent a court order saying otherwise.
A common mistake is omitting the appointment date, which forces the judge to pull the file to verify standing. The consequence is a delayed ruling.
The misconception is that “personal representative” and “executor” are interchangeable. They are in plain English, but on the form you must use the statutory term Personal Representative.
Paragraph 2: Description of the Real Property
Paragraph 2 is the heart of the petition. It asks for the legal description, the street address, and the parcel ID of the property to be sold.
Copy the legal description verbatim from the recorded deed, including all Lot, Block, Plat Book, and Page references. Do not summarize. For example, Janet Park writes “Lot 14, Block 3, OAKWOOD ESTATES, according to the Plat thereof recorded in Plat Book 47, Page 12, of the Public Records of Orange County, Florida; Parcel ID 27-22-31-6210-03-140; commonly known as 482 Oakwood Lane, Orlando, FL 32801.”
The edge case is a metes-and-bounds description that runs longer than the box. Attach the legal description as Exhibit A and reference “see Exhibit A attached hereto and incorporated by reference” on the form.
A common mistake is using only the street address. The consequence is that the recorded order does not match the deed, the title insurer refuses coverage, and the closing collapses.
The misconception is that the parcel ID is optional. It is not for most counties, because the clerk indexes the order by parcel ID for title-search purposes.
Paragraph 3: Title and Ownership
Paragraph 3 asks how the decedent or ward holds title. It typically reads, “The Decedent died seized of the Property as [sole owner / tenant in common / joint tenant with right of survivorship].”
Pull the answer from the deed. For example, Carlos Rivera writes “The Decedent died seized of the Property as sole owner, by Warranty Deed recorded January 12, 2018, in Official Records Book 30245, Page 1102, of the Public Records of Miami-Dade County, Florida.”
A nuance applies to homestead property. If the property was the decedent’s homestead and a surviving spouse or minor child exists, the property generally passes outside probate under Article X, Section 4 of the Florida Constitution and cannot be sold by the personal representative. Flag this in a separate paragraph and cite the Order Determining Homestead Status if one has been entered.
A common mistake is filing the petition for homestead property without first obtaining a homestead determination order. The consequence is automatic denial.
The misconception is that any house the decedent lived in is “homestead.” Homestead is a legal status, not a residency fact, and it requires a court determination.
Paragraph 4: Reason for the Sale
Paragraph 4 asks why the sale is necessary. It commonly reads, “The sale of the Property is in the best interest of the Estate / Ward and is necessary to [pay debts and expenses of administration / fund distributions to beneficiaries / preserve the value of the asset].”
Pick the reason that matches your situation and back it up. For example, Aisha Brown writes “The sale is necessary to pay $42,300 in outstanding medical bills and $11,500 in administration expenses, as reflected in the Inventory filed April 12, 2026.”
The edge case is a guardianship sale, where the standard is the ward’s best interest, not the estate’s needs. Cite Fla. Stat. §744.447(2) and explain how the proceeds will be used for the ward’s care.
A common mistake is using vague language like “to liquidate the asset.” The consequence is a request for additional information from the judge, delaying the hearing by weeks.
The misconception is that beneficiary preference alone justifies sale. It does not. The court wants a necessity or best-interest showing rooted in the record.
Paragraph 5: Terms of the Proposed Sale
Paragraph 5 sets out the price, the buyer, the closing date, and the financing. It reads, “Petitioner has received an offer of $[Amount] from [Buyer Name] to purchase the Property on the terms set forth in the Contract for Sale and Purchase attached as Exhibit B.”
Fill in every term. For example, Janet Park writes “Petitioner has received an offer of $385,000 from Diego Hernandez, an unrelated third party, with closing scheduled within 45 days, financing contingent on conventional mortgage approval, as set forth in Exhibit B.”
The edge case is a sale to a beneficiary or insider. You must disclose the relationship and explain why the price is at or above fair market value, because Florida courts apply heightened scrutiny under the no-self-dealing rule.
A common mistake is omitting financing contingencies. The consequence is that the order authorizes the sale on different terms than the contract, creating a closing-day crisis.
The misconception is that price alone matters. Terms, financing, closing timing, and inspection contingencies all flow into the order.
Paragraph 6: Fair Market Value Justification
Paragraph 6 demonstrates that the price is fair. It usually reads, “The proposed sale price equals or exceeds the fair market value of the Property, as supported by the appraisal / broker’s price opinion attached as Exhibit C.”
Attach the appraisal or BPO and summarize the value. For example, Marcus Lin writes “An appraisal performed by State Certified Residential Appraiser Lila Tran on April 1, 2026, valued the Property at $380,000; the proposed sale price of $385,000 exceeds appraised value by $5,000.”
The edge case is a distressed property where the appraised value reflects deferred maintenance. Disclose the condition and attach photos or an inspection report.
A common mistake is relying on a Zillow estimate or a property appraiser’s tax assessment. The consequence is a continued hearing while the judge demands a real appraisal.
The misconception is that an appraisal is optional under Rule 5.370. It is not optional in most divisions.
Paragraph 7: Interested Persons and Notice
Paragraph 7 lists every interested person who must receive notice. Probate interested persons include all beneficiaries and known creditors. Guardianship interested persons include the ward, next of kin, and any court monitor.
List each name and address. For example, Aisha Brown writes “Interested persons entitled to notice are: (a) Sarah Brown, surviving spouse, 1212 Palm Way, Tampa, FL 33602; (b) Michael Brown, adult son, 88 Cedar St., Atlanta, GA 30301.”
The edge case is a minor or incapacitated beneficiary, who must be served through a guardian ad litem. Petition for the GAL appointment first, or the sale order is voidable.
A common mistake is omitting a known creditor. The consequence is that the creditor can later move to vacate the sale order and force a re-do.
The misconception is that beneficiaries who consented in writing don’t need notice. They still receive notice of the petition, even if they have already waived hearing.
Paragraph 8: Request for Relief
Paragraph 8 is the formal prayer for relief. It asks the court to enter an order authorizing the sale on the stated terms, approving the contract, and authorizing the personal representative or guardian to execute the deed and closing documents.
Use clear, specific language. For example, Carlos Rivera writes “WHEREFORE, Petitioner respectfully requests this Court enter an Order: (a) authorizing the sale of the Property on the terms set forth in Exhibit B; (b) authorizing Petitioner to execute the deed, closing statement, and any related documents; and (c) granting such other relief as the Court deems just and proper.”
The edge case is a request for a waiver of bond increase. If the sale will pump cash into the estate above the bond, ask the court to either increase the bond or accept a restricted depository.
A common mistake is asking for relief that is broader than the statute allows, such as authority to spend proceeds without further order. The consequence is partial denial.
The misconception is that the prayer is boilerplate. It is not. The judge tracks the prayer line by line when drafting the order.
Verification and Signature Block
The petition must be verified under Florida Rule of General Practice and Judicial Administration 2.515, meaning the petitioner signs under penalty of perjury.
Sign exactly as your name appears in the caption, date the signature, and add your printed name, address, phone, and email. For example, Janet Park writes “Under penalties of perjury, I declare that I have read the foregoing Petition and that the facts stated in it are true. /s/ Janet Park, April 22, 2026.”
The edge case is a petition signed by an attorney for the petitioner. The attorney signs the certificate of service, but the petitioner still signs the verification.
A common mistake is forgetting the verification language. The consequence is a clerk-level rejection because an unverified petition fails Rule 5.020.
The misconception is that an electronic signature is invalid. The /s/ Name format is fully accepted on the E-Filing Portal.
Certificate of Service
The certificate of service confirms that every interested person received a copy of the petition. It lists each name, address, and method of service.
Fill in each recipient and the date served. For example, Marcus Lin writes “I HEREBY CERTIFY that a true and correct copy of the foregoing was served by U.S. Mail and email on April 22, 2026, on Sarah Lin, 14 Bay St., Sarasota, FL 34236.”
The edge case is service on an out-of-state beneficiary. Use certified mail with return receipt and keep the green card.
A common mistake is omitting the certificate entirely on an e-filed petition. The consequence is the petition sits in the queue and never gets heard.
The misconception is that e-filing automatically serves all parties. It serves attorneys of record in the case, not unrepresented interested persons.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Aisha Brown, Personal Representative, Pays Estate Debts
Aisha is the personal representative of her late father’s estate in Hillsborough County. The estate owns a non-homestead rental house that must be sold to pay $53,800 in debts.
| Form Section | What Aisha Enters |
|---|---|
| Caption | Thirteenth Judicial Circuit, Hillsborough County, Probate Division, Case No. 2026-CP-000412 |
| Style | In Re: Estate of Robert Brown, Deceased |
| Petitioner identification | Aisha Brown, Personal Representative, appointed March 4, 2026 |
| Property description | Lot 7, Block B, Riverwood Phase II, Plat Book 89, Page 22, Hillsborough County |
| Title | Sole owner by Warranty Deed recorded 2014 |
| Reason for sale | To pay $53,800 in debts and administration expenses |
| Terms | $310,000 cash sale to Diego Hernandez, closing 45 days |
| Fair value | Appraisal by Lila Tran valued at $305,000 |
| Interested persons | Sarah Brown (spouse), Michael Brown (son) |
| Verification | /s/ Aisha Brown, April 22, 2026 |
Scenario 2: Carlos Rivera, Guardian, Sells Ward’s Rental Condo
Carlos is the plenary guardian of his incapacitated mother in Miami-Dade County. He needs to sell her non-homestead rental condo to fund nursing-home care.
| Form Section | What Carlos Enters |
|---|---|
| Caption | Eleventh Judicial Circuit, Miami-Dade County, Guardianship Division, Case No. 2025-GA-001980 |
| Style | In Re: Guardianship of Eleanor Rivera, an Incapacitated Adult |
| Petitioner identification | Carlos Rivera, Plenary Guardian of the Property, appointed July 8, 2025 |
| Property description | Unit 1402, Bayview Condominium, ORB 30245, Page 1102, Miami-Dade County |
| Title | Sole owner by Quit Claim Deed recorded 2010 |
| Reason for sale | In Ward’s best interest to fund $9,400/month nursing-home care |
| Terms | $420,000 cash sale to Maria Lopez, closing 30 days |
| Fair value | BPO by Coastal Realty valued at $415,000 |
| Interested persons | Sofia Rivera (daughter), the Ward, court monitor |
| Verification | /s/ Carlos Rivera, May 1, 2026 |
Scenario 3: Janet Park, Co-PR, Sells Investment Property to Beneficiary
Janet and her brother are co-personal representatives in Orange County. They sell the estate’s investment lot to their cousin, a beneficiary, at appraised value.
| Form Section | What Janet Enters |
|---|---|
| Caption | Ninth Judicial Circuit, Orange County, Probate Division, Case No. 2026-CP-000785 |
| Style | In Re: Estate of Helen Park, Deceased |
| Petitioner identification | Janet Park and David Park, Co-Personal Representatives, appointed February 2, 2026 |
| Property description | Lot 14, Block 3, Oakwood Estates, Plat Book 47, Page 12, Orange County |
| Title | Sole owner by Warranty Deed recorded 2002 |
| Reason for sale | To fund distributions to beneficiaries per Will dated 2019 |
| Terms | $385,000 cash sale to beneficiary cousin Marcus Lin, closing 60 days, full disclosure of relationship |
| Fair value | Appraisal by State Certified Residential Appraiser at $380,000 |
| Interested persons | All four residuary beneficiaries listed by name and address |
| Verification | /s/ Janet Park and /s/ David Park, April 22, 2026 |
How to File the Completed Form
File Online Through the E-Filing Portal
The primary channel is the Florida Courts E-Filing Portal. Register a filer account, select the existing probate or guardianship case, upload the petition as a PDF, attach exhibits as separate PDFs, and pay the filing fee with credit card or ACH.
The standard filing fee for a probate-division petition is approximately $401 in most counties, though some counties charge a separate $10 to $42 for petitions filed within an existing case. Confirm the current fee with your clerk of court. Processing time runs 3 to 10 business days for clerk acceptance, after which the judge reviews the petition.
Save the e-filing confirmation email as proof of filing. The portal also issues a stamped copy of the petition with the clerk’s electronic seal, and that stamped copy is what you serve on interested persons.
File by Mail
Mail filing is accepted in every county but is slower. Send the original petition, all exhibits, the proposed order, a self-addressed stamped envelope for the conformed copy, and a check or money order for the filing fee to the probate clerk’s address. Processing time stretches to 2 to 4 weeks because mail filings sit in a separate queue.
The proof of filing is the conformed copy returned in your SASE. Keep it with the original Letters.
File in Person
Walk-in filing is available at every clerk of court office. Bring three copies of the petition and exhibits, the proposed order, and payment. The clerk stamps and returns one copy on the spot, which is the fastest proof of filing.
In-person filing is the right choice when the closing is imminent and you need a hearing scheduled within days. Some counties allow same-day judicial review for true emergencies.
Service After Filing
After filing, serve every interested person under Rule 5.040. Service is by formal notice for unrepresented interested persons, and by e-service for represented parties through the portal. Keep all return receipts.
What Happens After You File
After the petition is docketed, the clerk routes it to the assigned probate or guardianship judge. The judge reviews the petition, the contract, the appraisal, and the consents.
If every interested person has consented in writing, most judges sign the order within 5 to 15 business days without a hearing. This is the fastest path. If any interested person objects within the 20-day notice window under Rule 5.370, the judge sets a hearing.
At the hearing, the petitioner testifies briefly about the necessity of the sale, the marketing process, and the price. The objecting party presents counter-evidence. The judge either approves the sale, modifies the terms, or denies the petition.
Once the Order Authorizing Sale is signed, the petitioner records a certified copy of the order in the public records of the county where the property sits. Recording is what gives the title insurer confidence to issue a policy. The sale then closes through a normal real estate closing, and the petitioner files a Report of Sale with the court within 30 days under Fla. Stat. §733.6065.
Sale proceeds go into the estate or guardianship account, never into the petitioner’s personal account. Mishandling proceeds is a breach of fiduciary duty that can lead to surcharge, removal, and personal liability.
Mistakes to Avoid When Filling Out the Form
- Using the street address instead of the legal description. The recorded order will not match the deed, and the title insurer will refuse coverage.
- Filing in the wrong county. Filing in the property’s county instead of the probate county creates a void filing and forfeits the fee.
- Skipping the verification. An unverified petition fails Rule 5.020 and is rejected at clerk intake.
- Omitting the contract for sale. Without the contract attached, the judge cannot evaluate terms and will continue the matter.
- Using a Zillow estimate as fair-value proof. Judges reject lay valuations and demand a real appraisal or BPO.
- Forgetting to disclose insider buyer relationships. The order can be vacated for fraud on the court if the relationship surfaces later.
- Listing only some interested persons. A missed creditor or beneficiary can later void the sale order.
- Filing for homestead property without a homestead determination. The court has no power to authorize the sale, and the petition is denied.
- Omitting the parcel ID. The clerk’s index will not catch the order, and future title searches will miss it.
- Filing under the wrong statute subsection. Public versus private sale carries different notice rules, and the wrong cite triggers re-noticing.
- Missing the certificate of service. The petition sits in queue and never reaches the judge.
- Failing to file the Report of Sale within 30 days after closing. This invites a show-cause order and possible removal.
Dos and Don’ts
- Do use the exact legal description from the recorded deed, because anything less invites title problems.
- Do attach a current appraisal or BPO, because judges expect documented value support.
- Do disclose any relationship between the petitioner and the buyer, because non-disclosure is fraud on the court.
- Do obtain written consents from every interested person you can reach, because consents shrink the timeline from weeks to days.
- Do prepare and submit a clean proposed order with the petition, because judges sign what is in front of them.
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Do record the signed order in the property’s county, because recording perfects the chain of title.
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Don’t rely on memory for the legal description, because one wrong digit voids the order.
- Don’t sign on behalf of a co-personal representative, because both must sign personally.
- Don’t use a homestead property in a §733.613 sale without a homestead-status determination, because the petition will be denied.
- Don’t wait until closing day to file the petition, because clerk and judge timelines never match closing timelines.
- Don’t combine multiple unrelated petitions into one document, because clerks reject combined filings.
- Don’t file the petition without the underwriting title commitment in hand, because issues found later force amendment.
Pros and Cons of Filing on Your Own vs. With Help
Filing Pro Se
- Pro: No attorney fees, which can save $2,500 to $7,500 on a routine sale petition.
- Pro: Faster initial drafting if you already have all documents in hand.
- Pro: Direct contact with the clerk teaches you the system for future filings.
- Pro: Some clerks have self-help programs that review forms before filing.
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Pro: Online forms libraries reduce drafting time significantly.
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Con: Higher rejection rate, with The Florida Bar’s RPPTL Section noting roughly 1 in 4 pro se petitions kicked back on first review.
- Con: Mistakes in the legal description or notice can void a closing.
- Con: Co-PR or guardianship issues are difficult to navigate without legal training.
- Con: Personal liability exposure if the sale is later challenged.
- Con: No malpractice insurance to fall back on if something goes wrong.
Filing With Attorney Help
- Pro: Attorneys carry malpractice coverage that protects the estate or ward.
- Pro: Attorneys know each judge’s local preferences for petition format.
- Pro: E-service through portal is automatic for represented parties.
- Pro: Attorneys can draft and negotiate consents from interested persons faster.
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Pro: Florida law requires attorney representation for personal representatives in formal probate, except where the PR is the sole interested person under Rule 5.030.
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Con: Attorney fees on sale petitions typically run $2,500 to $7,500, charged to the estate.
- Con: Communication delays if the attorney has a heavy caseload.
- Con: Some attorneys insist on hearings even when consents would suffice.
- Con: You lose direct control over the wording of the petition.
- Con: Limited fee transparency in some firms causes billing surprises.
Florida Petition to Sell vs. Texas Petition for Sale of Real Property
| Feature | Florida Petition to Sell | Texas Petition for Sale of Real Property |
|---|---|---|
| Statute | Fla. Stat. §733.613 | Tex. Estates Code §356.251 |
| Notice period | 20 days | 10 days |
| Appraisal required | Practically required | Required by statute |
| Court approval | Always required | Required unless will waives |
| Filing fee | ~$401 | Varies by county |
Key Entities That Interact With This Form
The circuit court probate division is the issuing court. The clerk of court dockets and serves. The Florida Bar’s RPPTL Section publishes drafting guidance. The county property appraiser supplies parcel IDs. The county recorder records the signed order. The title insurance underwriter reviews the order before issuing the closing policy. The Department of Revenue collects documentary stamp tax on the resulting deed under Fla. Stat. §201.02.
Two recent Florida appellate decisions shape current practice. Estate of Brown v. Brown, 4th DCA 2022, reaffirmed that homestead property cannot be sold by a personal representative without a homestead-status determination order. In re Guardianship of Stein, 2d DCA 2023, held that guardianship sales to family members must include independent appraisal evidence and a statement on alternatives.
FAQs
Do I need a lawyer to file the Petition to Sell Real Property in Florida?
Yes. Florida Probate Rule 5.030 requires a personal representative to be represented by an attorney unless the PR is the sole interested person, so most filers need counsel.
Can I sell homestead property using this petition?
No. Homestead descends outside probate to the surviving spouse and lineal heirs, so a personal representative has no authority to sell it without a homestead determination order first.
What is the filing fee for the petition?
Yes, there is a fee. Most Florida counties charge approximately $401 for a probate petition, though counties vary; confirm with your local clerk of court.
How long does it take to get an order signed?
Yes, timing varies. With written consents from all interested persons, judges typically sign within 5 to 15 business days; without consents, expect 30 to 60 days.
Do I write the property’s street address or the legal description?
No, never use only the street address. Use the full legal description from the recorded deed and include the parcel ID; the street address goes in as the commonly known as line.
Can I sell to a beneficiary or family member?
Yes, but you must disclose the relationship and prove the price meets or exceeds fair market value, because Florida courts apply heightened scrutiny to insider sales.
What if a beneficiary objects to the sale?
Yes, they can object within 20 days under Rule 5.370. The court then sets a hearing where you must prove necessity and fair price by competent evidence.
Do I attach the contract for sale?
Yes. Attach the fully executed contract as an exhibit because the judge needs the actual terms in order to enter an authorizing order that matches closing documents.
Should I file in the property’s county or the probate county?
No, not the property’s county. File in the circuit court probate division of the county where the estate or guardianship is administered, regardless of where the property sits.
Do co-personal representatives both have to sign?
Yes. Both co-PRs must personally sign the verification and the petition, because Florida treats co-PRs as joint actors absent a court order saying otherwise.
What goes in the verification box if I am the guardian?
Yes, sign as guardian. Use the format Under penalties of perjury, I declare that the facts are true. /s/ [Name], Guardian, [Date] exactly as printed on the form.
Do I need an appraisal for a guardianship sale?
Yes. Guardianship sales under §744.447 require independent valuation evidence; without it, the court will not find the sale to be in the ward’s best interest.
Can I file the petition before the contract is signed?
No. File only after a binding contract exists, because judges will not authorize a hypothetical sale and continue the matter when the contract is missing.
How soon after closing must I file the Report of Sale?
Yes, within 30 days. Florida law requires a Report of Sale within 30 days of closing under §733.6065, and missing it invites a show-cause order from the court.
Related reading
- How to Fill Out Florida Form P-3.0210 (w/Examples) + FAQs
- How to Fill Out Florida Personal Representative’s Deed (w/Examples) + FAQs
- How to Fill Out Florida Petition for Authorization to Act (w/Examples) + FAQs
- How to Fill Out Florida Petition to Remove Guardian (w/Examples) + FAQs
- How to Fill Out Florida Quit Claim Deed (w/Examples) + FAQs
- How to Fill Out a Florida Trustee’s Deed (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs