What happens if the seller in a Florida real estate contract dies?

It is a general rule in Florida that the death of a party does not terminate a contract unless the contract was for personal services. Contracts for real property are not personal services contract, so a death would not terminate the contract.

If a party to a Florida real estate contract dies, then the contract remains valid. Thus, if a seller dies during the contract period, then the seller’s estate becomes the seller. The seller’s estate will need to perform under the contract and sell the property to the buyer. However, this does not apply if the property was the homestead of the seller. If the property is homestead and the seller died, then the heirs of the seller would not be required to sell the homestead property to the buyer. See In re Estate of Skuro, 467 So.2d 1098 (Fla. 4th DCA 1985).