What Documents Do You Need to Sell a House?

Complete Document Checklist for Selling in Florida

Most sellers overthink the paperwork. For a straightforward sale, you need surprisingly little on your end. The title company prepares the bulk of the closing documents. But having the following items ready will speed things up:

Florida-Specific Disclosures and Forms

Florida has a few state-specific requirements that come up in every residential sale:

• Seller's Property Disclosure: Johnson v. Davis requires Florida sellers to disclose known latent material defects that are not readily observable. This includes foundation issues, water damage, mold, pest infestations, and any facts that materially affect the property's value. Selling "as is" doesn't eliminate the disclosure obligation, it just means you won't be required to make repairs.
• Lead-Based Paint Disclosure: Federal law requires this for any home built before 1978. You'll sign a form stating what you know (or don't know) about lead paint on the property.
• Homestead Exemption: If you claimed a homestead exemption on the property, the buyer's tax bill in the first year could be significantly higher because the exemption resets at sale. The title company handles the transfer paperwork, but buyers sometimes ask about this during negotiations.
• HOA/Condo Estoppel Letter: If the property is in an HOA or condo association, the title company will request an estoppel letter showing any outstanding balances. Under F.S. 720.30851, the association has up to 10 business days to respond (15 for condos under F.S. 718.116).

What About the Deed?

You usually do not need the original paper deed in hand. The title company reviews county records and prepares the new deed for the sale. If the public record, ownership history, estate paperwork, or name changes are unclear, the title company may still ask for supporting documents.

Estate and Probate Sales: Extra Documents Needed

If you're selling a house as part of an estate, the paperwork is heavier. You'll need:

• Letters of Administration or Letters proofary from the probate court, proving you have legal authority to sell
• Certified death certificate of the property owner
• Court order authorizing the sale (required under F.S. 733.613 unless the will grants the personal representative authority to sell without court approval)
• EIN for the estate if one was assigned by the IRS

FL Home Buyers regularly purchases probate properties across Florida. Max Cohen and the team work directly with probate attorneys and title companies to keep these sales moving, even while the estate is still being administered.

Missing Documents? Don't Panic

Sellers often worry about missing paperwork, but the title company can usually pull copies of what you don't have. Deeds are recorded with the county clerk. Mortgage payoff statements can be requested from your lender (they're required to provide one within 10 business days). Even a lost survey can be re-ordered, though a new one costs $350-$600.

The one document that's hard to replace is Letters of Administration for a probate sale. If the original was lost, you'll need to request a certified copy from the probate court, which can take 1-2 weeks depending on the county.

Remote Closing Options

Can't make it to the closing in person? We can arrange:

• Mobile notary: A notary comes to your home, office, or wherever you are in Florida
• Mail-away closing: Documents sent to you via overnight delivery for signing and return
• Remote online notarization (RON): Sign via video call from anywhere. Florida has allowed this since 2020 under F.S. 117.265.

Questions about what you need? Call (561) 258-9405.