Florida Probate Rule 5.370

Sales of Real Property Where No Power Conferred

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

  1. (a)
    Petition. When authorization or confirmation of the sale of real property is required, the personal representative must file a verified petition setting forth the reasons for the sale, a description of the real property sold or proposed to be sold, and the price and terms of the sale.
  2. (b)
    Order. If the sale is authorized or confirmed, the order must describe the real property. An order authorizing a sale may provide for the public or private sale of the real property described in the order, in parcels or as a whole. An order authorizing a private sale must specify the price and terms of the sale. An order authorizing a public sale must specify the type of notice of sale to be given by the personal representative.

Notes

Committee Notes

Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it was approved by the court after notice to all interested persons, and by section 733.609, Florida Statutes, involving bad faith actions by the personal representative. Note provision for attorneys’ fees.

Rule History
1984
Extensive changes. Notice of hearing on any petition concerning sale of real property is required by statute unless waived. The requirement to record a certified copy of the order approving sale of real estate in each county where the real property or any part thereof is situated has been deleted. Committee notes revised and expanded.
1988
Committee notes expanded. Citation form changes in committee notes.
1992
Committee notes revised. Citation form changes in committee notes.
1996
Editorial changes.
2012
Committee notes revised.
2026
Committee notes revised.

References

Statutory References

  • § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty.
  • § 733.610, Fla. Stat. Sale, encumbrance or transaction involving conflict of interest.
  • § 733.613(1), Fla. Stat. Personal representative’s right to sell real property.
  • § 733.810, Fla. Stat. Distribution in kind; valuation.

Rule References