Florida Probate Rule 5.370
RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER
CONFERRED
(a) Petition. When authorization or confirmation of the sale
of real property is required, the personal representative shall 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.
(b) Order. If the sale is authorized or confirmed, the order
shall describe the real property. An order authorizing a sale may
provide for the public or private sale of the real property described
therein, in parcels or as a whole. An order authorizing a private sale
shall specify the price and terms of the sale. An order authorizing a
public sale shall specify the type of notice of sale to be given by the
personal representative.
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 Revision: 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 Revision: Committee notes expanded. Citation form
changes in committee notes.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
1996 Revision: Editorial changes.
2012 Revision: Committee notes revised.
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
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
CONFERRED
(a) Petition. When authorization or confirmation of the sale
of real property is required, the personal representative shall 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.
(b) Order. If the sale is authorized or confirmed, the order
shall describe the real property. An order authorizing a sale may
provide for the public or private sale of the real property described
therein, in parcels or as a whole. An order authorizing a private sale
shall specify the price and terms of the sale. An order authorizing a
public sale shall specify the type of notice of sale to be given by the
personal representative.
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 Revision: 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 Revision: Committee notes expanded. Citation form
changes in committee notes.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
1996 Revision: Editorial changes.
2012 Revision: Committee notes revised.
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
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.