How can I obtain a HUD-1 settlement statement and closing documents for property in probate? - Florida
The Short Answer
In Florida probate, the person most likely to have (and be responsible for producing) the HUD-1/closing disclosure and related closing documents is the personal representative (and the estate’s closing/title agent). If you are an interested person in the estate (such as a beneficiary or heir), Florida law generally supports your ability to obtain estate inventory/accounting information and, when necessary, seek court involvement to compel proper disclosure.
What Florida Law Says
Florida probate administration is run by a court-appointed personal representative who acts as a fiduciary and must administer the estate for the benefit of interested persons. When real property is sold during administration, the sale proceeds and closing-related charges typically flow through the estate’s accounting, and the personal representative is expected to maintain records supporting those transactions.
The Statute
The primary law governing this issue is Fla. Stat. § 733.604.
This statute establishes that probate inventories and accountings are confidential but must be disclosed for inspection or copying to certain people, including an “interested person” (and also allows disclosure by court order upon a showing of good cause).
Why You Should Speak with an Attorney
Even if you “should” be able to get the HUD-1/closing package, getting it quickly (and in a form you can use in probate) can be more complicated than it seems. Legal outcomes often depend on:
- Strict Deadlines: Probate administrations move on court timelines, and disputes over missing records can affect when (and whether) a final accounting and discharge happen.
- Burden of Proof: If you suspect improper charges, missing sale proceeds, or self-dealing, you typically need documents that tie the closing figures to the estate’s bank records and the probate accounting.
- Exceptions: Some documents may be held by third parties (title company, lender, realtor) who may refuse to release them without proper authority, and probate filings like inventories/accountings are confidential—access often turns on whether you qualify as an “interested person” under Florida probate law and what the court will order.
Florida also treats the personal representative as a fiduciary. If records are being withheld or the transaction looks improper, the issue can escalate into a fiduciary-duty dispute with fee-shifting risk. For example, Florida law provides that a personal representative is liable to interested persons for damages from a breach of fiduciary duty and that the court may award attorney’s fees in such proceedings. See Fla. Stat. § 733.609.
If your goal is to confirm where the money went, verify payoffs/commissions, or challenge the administration, a probate attorney can identify the correct source (PR, title agent, lender, clerk file), make a proper written demand, and—if needed—ask the court for relief without creating avoidable procedural problems.
For more background, you may also find these helpful: What is the final accounting in Florida probate? and What do I need to do to close a probate estate in Florida?.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.