Proving a Zero Balance and Closing a Spouse’s Estate in Florida — FAQ
Detailed Answer Short answer: Under Florida law you must first determine whether the estate requires formal probate, summary administration, or no administration at all. To prove a zero balance and obtain a formal court closing (discharge), you will gather documentation showing all assets have been distributed or are exempt, pay or otherwise resolve allowed claims, […]
Read article →Florida: Using a Small Estate Affidavit vs. Formal Probate for an Intestate Estate
When to Use Florida’s Small-Value Affidavit Instead of Formal Probate Short answer: You cannot use a North Carolina form or North Carolina procedures in Florida. Florida law provides its own streamlined paths for small or simple intestate estates. One of those is the affidavit process for small amounts of personal property under Florida Statute §735.201. […]
Read article →Florida: What Happens After Mediation Fails in a Partition or Probate Dispute
When mediation ends without a full agreement in a Florida partition or probate dispute Detailed answer — what to expect next If mediation in a dispute over property division (a partition) or an estate issue (a probate dispute) does not produce a full settlement, you generally still have to proceed to court if you want […]
Read article →How to Open Probate in Florida When You Live Out of State
Opening Probate in Florida When You Live Out of State: A Practical FAQ Note: This article explains how to start probate in Florida when you live in another state. It provides general information only and is not legal advice. Detailed Answer If a sibling died owning assets subject to Florida probate, you can open probate […]
Read article →Florida: How to Settle a Parent’s Estate in Florida and Handle Property in Another State
Detailed Answer When a parent dies who was domiciled in Florida but owned property in another state, you will usually need to handle probate (or an alternative transfer process) in Florida and also take steps where the out‑of‑state property is located. Below is a clear, step‑by‑step explanation of how this commonly works under Florida law, […]
Read article →Florida: How to File and Record a Deed After a Spouse's Death So a Child Becomes Owner
Disclaimer: This is educational information, not legal advice. Laws change and every case is different. Consult a licensed Florida attorney for advice tailored to your situation. Detailed Answer — Step-by-step overview for transferring real estate after a spouse’s death under Florida law This section explains the common paths to move title so a child becomes […]
Read article →Florida: Requiring a Co‑Heir to Reimburse Appraisal Costs Before an Estate Buyout
Short answer If you or another heir obtained a professional appraisal for estate property, you can sometimes require a co‑heir to reimburse part or all of that appraisal before completing a buyout — but whether you can legally compel payment depends on (1) who ordered the appraisal, (2) whether the appraisal was obtained in the […]
Read article →Florida: Do You Still Need a Transfer‑On‑Death Deed or Payable‑On‑Death Designation?
Detailed Answer Short answer: very possibly yes. In Florida, a will alone does not automatically move every asset to your daughter outside of probate, and some title-based and contract-based transfer methods (transfer‑on‑death deeds for real estate, payable‑on‑death designations on bank accounts, beneficiary designations on retirement plans and life insurance) routinely avoid probate and override a […]
Read article →How to Transfer a Deceased Parent's Florida House to Children When There Is No Will
Detailed Answer — How property owned by a Florida decedent without a will normally gets transferred to heirs When a person who owned a house in Florida dies without a will (intestate), you need to follow Florida law to transfer title. Below are the typical steps, important legal rules that often apply, and links to […]
Read article →Florida: How to Take Over a Deceased Parent’s Mortgage — Practical Steps
Detailed Answer: Taking over a mortgage after a borrower dies (Florida) Short overview: When a homeowner dies, the mortgage does not automatically disappear. Who owns the house after death depends on how title was held (joint ownership, tenancy by the entirety, will, or intestacy). The estate or the person who inherits the house must either […]
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