How to Sell a House Under Guardianship in Florida

Guardian of Property vs. Conservator in Florida

Florida does not use the term conservator. Instead, Florida Statutes Chapter 744 creates two distinct roles: guardian of the person and guardian of the property. A guardian of the person makes decisions about the ward's living arrangements, healthcare, and daily care. A guardian of the property manages the ward's financial assets — including real estate. In Florida, one person may hold both roles (plenary guardianship) or the court may appoint separate individuals for each function.

This distinction matters immediately when real property is involved. Only a guardian of the property has any legal authority over the ward's home. A guardian of the person who has not also been appointed guardian of the property cannot sign a purchase contract, list the home, or authorize a sale.

Plenary guardianship gives the guardian authority over all aspects of the ward's person and property, but that authority is not unlimited. Even a plenary guardian cannot sell real property without specific court authorization under F.S. § 744.447. This surprises many families: the court appointment letter alone is not enough. The guardian must go back to the court and obtain a separate order authorizing the sale of that specific property.

Limited guardianship restricts the guardian's authority to enumerated powers listed in the order. If the court's original limited guardianship order does not specifically include authority to sell real property, the guardian must petition to expand that authority before any sale can proceed. Buyers and title companies will require a certified copy of the court order as a precondition to closing — and Title Guaranty of South Florida is no exception. Having that order in hand from the start saves weeks.

Petitioning the Court for Authority to Sell: The FL Chapter 744 Process

Under Florida Statutes § 744.447, a guardian seeking to sell a ward's real property must file a verified petition with the probate court division of the circuit court in the county where the guardianship is pending. The petition is not a rubber stamp. It must include specific information and supporting documentation, and the court will schedule a hearing before granting approval.

The petition must identify the property by legal description, state the proposed sale price and terms, explain why the sale is in the ward's best interest, and describe what will happen to the proceeds. Florida courts require the petition to be supported by an independent appraisal of the property. The appraiser must be a Florida-licensed real estate appraiser, and the appraisal must reflect current market value — not a drive-by estimate.

Once the petition is filed, the court will set a hearing date. Interested parties — often other family members — are entitled to notice. The guardian's attorney typically handles service of process. At the hearing, the court reviews the petition, the appraisal, the proposed contract, and may question whether the sale price is reasonable relative to the appraised value. Florida courts have historically preferred sale prices at or above the appraised value, though they may approve below-appraised offers when a compelling reason exists (for example, the property requires major repairs that reduce net proceeds on the open market).

If the court approves the petition, it issues an order authorizing the sale on specific terms. That order — not the guardianship letters — is what the title company needs to close. The guardian then has authority to execute the contract and proceed to closing within the timeframe the court specified.

Why Courts Often Favor a Direct-Buyer Sale Over a Contingent MLS Listing

Probate judges and guardians ad litem are acutely aware that a ward cannot advocate for themselves in a sale gone wrong. That concern drives courts toward certainty. A contingent MLS listing introduces variables that courts view skeptically: the buyer may not qualify for financing, the inspection may open re-negotiation, and the deal may collapse after weeks of carrying costs have eroded the estate.

A direct-buyer sale with a fixed, non-contingent offer removes those variables. When a guardian presents the court with a signed contract at a firm price — no financing contingency, no inspection re-trade, no repair credits — the court can make a clean finding that the terms are in the ward's best interest. The proceeds are certain from the day the order enters.

Cash Flow Deals uses bank-financed end buyers, not speculative resale flips. The price offered is the price on the closing statement. CFD's fee appears as a separate line item on that closing statement, so the court and the guardian can see the full economics of the transaction. There are no hidden costs, no last-minute price adjustments, and no cleanup or repair requirements for the ward's family. For a guardian managing a vacant or deferred-maintenance property, AS-IS condition with zero seller obligations is a meaningful advantage when presenting the deal to the court.

Title companies handling guardianship closings — including Title Guaranty of South Florida — require the court order before disbursing any proceeds. A clean, documented transaction with a single contract and an identifiable closing date gives the title team exactly what they need to issue clear title and fund on schedule.

Typical Timeline: Guardian Appointment to Closing

Families often underestimate how long a guardianship sale takes from start to finish. The timeline has several distinct phases, each with its own dependencies.

Guardianship appointment itself — if one is not already in place — typically takes 30 to 90 days in Florida, depending on whether the petition is contested, the county's court calendar, and whether an emergency temporary guardian is needed. The court must appoint a guardian ad litem and often a examining committee of three professionals (physician, mental health professional, and a third party) to evaluate the alleged incapacitated person before the court enters a final guardianship order.

Once the guardian of the property is appointed and has qualified with the court by filing a bond and an oath, the property inventory phase begins. Florida requires the guardian to file an initial inventory of all assets within 60 days of appointment under F.S. § 744.365. Real property must be included in that inventory with an estimated value, which requires at minimum a broker's price opinion if not a full appraisal.

After inventory, the guardian's attorney prepares and files the petition to sell. The appraisal must be ordered and completed. Depending on the court's docket, the hearing may be scheduled 30 to 60 days after filing. If approved at the hearing, the court order typically enters within a few days.

From contract to closing, a direct-buyer transaction can close in 21 to 45 days once the court order is in hand. Total elapsed time from initial guardian appointment (already in place) to closing is commonly 90 to 150 days. If the guardianship must first be established, add the appointment period.

How Title Guaranty of South Florida Handles Guardianship Closings

A guardianship closing has documentation requirements that differ from a standard residential transaction. Title Guaranty of South Florida handles these closings regularly and knows precisely what the court file must contain before the title commitment can be issued and before closing can occur.

The title team will order a certified copy of the final guardianship order (appointing the guardian of the property), the order authorizing the sale of the specific property, and the guardian's letters of guardianship — which confirm the guardian has qualified, posted any required bond, and remains in good standing with the court. The title search will also look for any ad litem or examining committee reports that could affect title.

Proceed proceeds from a guardianship sale cannot be paid to the guardian personally. They must be disbursed consistent with the court's order — typically to a guardianship account that the guardian maintains and reports to the court annually. Title Guaranty will confirm disbursement instructions match the court's authorization before funding. The guardian will sign the deed on behalf of the ward, using their capacity as guardian of the property.

If the property has a homestead designation, additional steps apply. Florida courts must confirm that selling the homestead does not violate the ward's right to housing or appropriate use of homestead proceeds. In practice, this is addressed in the petition, and the court order will authorize the homestead sale specifically.

Having your attorney coordinate with Title Guaranty early — before the petition is filed — allows the title team to identify any title defects, open liens, or HOA issues that should be disclosed in the petition, preventing surprises at the hearing.

Plenary vs. Limited Guardianship: Authority to Sell

The scope of a guardian's authority to sell depends entirely on what the court order says. Florida courts issue two categories of guardianship orders, and the distinction has direct consequences for any real property transaction.

Plenary guardianship grants the guardian authority over all rights the ward retains — both person and property — that the court has removed from the ward due to incapacity. Even so, the Florida Statutes enumerate certain acts that always require prior court approval, regardless of whether the guardianship is plenary. Selling real property is on that enumerated list under F.S. § 744.447. A plenary guardian still must petition for and obtain a specific court order before executing a sale contract.

Limited guardianship restricts the guardian to only the powers listed in the order. Courts are required under F.S. § 744.3725 to grant only those rights the ward cannot exercise, preserving maximum self-determination. A limited guardianship order might authorize the guardian to manage bank accounts and pay bills but say nothing about real property. If real property authority is absent from the order, the guardian must file a petition to modify and expand the guardianship — adding real property management and sale authority — before the sale petition can even be filed. This expansion requires another hearing.

Practically, this means the first step for any guardian considering a property sale is to read the existing court order carefully, confirm the guardian of property appointment is in place, and confirm whether real property authority is already granted or must be added. An elder law or probate attorney should review the order before any sale discussions begin. CFD can work with any guardianship structure — the requirement is simply that the correct court orders are in place before closing.