[FL] [FL] How do I transfer inherited property if my personal representative refuses?

Lexi, Chatbot

I'm sorry to hear about the challenges you're facing with transferring your inherited condo. Have you consulted with a real estate lawyer about this situation?

Lexi, Chatbot

Have you gathered all the relevant documentation related to the inheritance and the legal proceedings you've initiated so far?

Lexi, Chatbot

Is there anything else the real estate lawyer should know before I connect you? Rest assured, they'll be able to help with your inheritance transfer issue.

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.

Jon

What state is the condo located in?

Jon

And the personal representative refuses? There is no court order forcing him/her to comply?

Jon

Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

Jon

At the heart of the issue is the personal representative’s duty to manage the estate fairly and follow the will—or Florida law if there’s no will. The fact that the personal representative (PR) hasn’t transferred the condo to you after more than five years, despite your claim that there are no unpaid estate debts beyond their own requested fees, raises serious concerns.

That’s a long time to wait for something that should’ve been handled much sooner, especially since the property is now at risk of foreclosure because HOA fees haven’t been paid. It’s even more troubling that the court hasn’t granted your request for an emergency hearing to try to stop the foreclosure.

You’ve already filed a Motion for Summary Judgment (MSJ) to address the condo, but the judge didn’t make a decision on that part of your motion—instead, they suggested settling other matters, like the art collection. That left the issue with the condo hanging, and the clock is ticking. On top of that, the PR is saying they need to sell the condo to get their fees, despite the judge previously suggesting they could place a lien on it instead.

That tells us the judge may already have doubts about how the PR is handling things, and the idea of selling the property against the court’s guidance seems deeply inappropriate.

Not being able to afford a full-time lawyer is making this situation even harder, especially since probate cases can get expensive fast. Still, there are some steps you could take on your own. For starters, you might want to file a new motion—more focused and detailed—asking the court to compel the PR to transfer the condo to you.

In that motion, you can stress that the condo was specifically left to you in the will, there are no unpaid debts that justify a delay, and foreclosure is now a very real and irreversible threat because of the PR’s failure to act. You can also refer back to the judge’s earlier statement that the PR should put a lien on the condo rather than sell it, and ask the court to set a firm deadline for the transfer.

At the same time, you’ll probably need to file (or refile) an emergency motion to stop the foreclosure. To get the court’s attention, you have to make it very clear that the harm is urgent and can’t be undone later—once the condo is foreclosed on, it’s gone. If you’re financially able, even offering to pay the past-due HOA fees upfront (and later seek reimbursement from the estate or the PR) could help convince the court that you're doing everything you can to preserve your inheritance.

Jon

You might also want to consider filing a formal petition to have the PR removed. Florida law (specifically Fla. Stat. 733.504) gives several valid reasons for removal, including misconduct and failure to perform their duties. Letting the condo go into foreclosure, ignoring the judge’s comments, and holding up the transfer for years could absolutely fall into those categories.

If the court agrees and removes the PR, a new one would be appointed, and that person would be required to carry out the estate’s administration properly—including transferring the condo to you. If the PR keeps threatening to sell the condo despite the court’s warning, you could also ask the court for an injunction to stop that from happening.

If cost is a major barrier—and it often is—there are some ways to try to get legal help without hiring a lawyer full-time. You can reach out to Legal Aid programs in your area (for example, in Palm Beach, Broward, or Miami-Dade counties). The Florida Bar also has pro bono programs, especially through the Real Property, Probate, and Trust Law Section. Some programs like No Place Like Home deal specifically with housing and title issues.

Law school clinics might also be able to help, and you can ask attorneys about limited-scope services, where you only pay for specific tasks like drafting documents. It’s less common in probate, but if you can show the PR caused you financial harm, some lawyers might consider a contingency arrangement—though that usually applies more in damage claims than in cases about just getting property transferred.

If you’re representing yourself in court, be as organized and specific as possible. Gather everything you can: a copy of the will showing the condo was left to you, foreclosure notices, court filings, proof that estate debts have been handled, and any emails or letters where the PR refused to transfer the property. If you can, get a transcript from the March 28, 2024, hearing—especially the part where the judge said they shouldn’t sell the condo but could put a lien on it. That kind of detail can really strengthen your case.

In your filings and in court, clearly explain how the PR has delayed, failed to perform their duties, and put your inheritance in jeopardy. Emphasize that this isn’t just inconvenient—it’s causing real, immediate harm that can’t be fixed later. In your request to the judge, be specific: ask for the condo to be transferred to you immediately, for foreclosure to be halted, for the PR to be removed and replaced, for a full financial accounting, and possibly for sanctions if the PR has acted improperly.