What Documentation Is Required to Apply for Letters of Administration in Florida?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Florida, when an individual dies without a valid will (intestate), an interested person must apply for letters of administration in the circuit court of the county where the decedent resided. These letters authorize a personal representative to collect […]
Read article →What Information Is Needed to Request Estate Files From a County Probate Division in Florida
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In Florida, probate case files are public records. You can request them from the county clerk’s probate division where the decedent’s estate was opened. Under Fla. Stat. § 28.24, […]
Read article →Steps to Include Real Property in a Florida Estate
Detailed Answer: Including Real Property in a Florida Estate Under Florida law, you include real property in a decedent’s estate through probate or via a beneficiary (transfer-on-death) deed. Probate applies when the decedent held property solely or as tenants in common. Tenancy by entireties or joint tenancy with right of survivorship transfers outside probate. Review […]
Read article →How to Transfer Out-of-State Property Interest When All Heirs Agree in Florida
Detailed Answer Under Florida law, heirs can often transfer an out-of-state property interest without formal ancillary probate when they meet the criteria for summary administration or use a small-estate affidavit coupled with the out-of-state jurisdiction’s simplified transfer procedures. Here are the key steps: Evaluate Eligibility for Summary AdministrationFlorida’s §735.201 allows summary administration if either: The […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Florida
Detailed Answer In Florida probate proceedings, a subpoena duces tecum is a court order that compels a person or entity to produce documents or records relevant to the administration of an estate. You can use this tool to obtain bank statements, insurance policies, appraisal reports or any other records the personal representative needs to settle […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in Florida?
Detailed Answer Under Florida law, a personal representative handles sale proceeds from real property in an estate. Heirs or beneficiaries must sign specific forms to authorize the distribution of net proceeds. These forms document the heir’s agreement and protect the personal representative from future claims. 1. Receipt and Release, Waiver of Further Accounting Florida Probate […]
Read article →How to Distinguish Assets in a Deceased Person’s Estate from Corporate Assets in Florida
How to Distinguish Assets in a Deceased Person’s Estate from Corporate Assets in Florida Detailed Answer When someone dies, their estate includes all property and assets they owned individually or jointly at death. A corporation established by a relative, however, is a separate legal entity. Its assets do not automatically become estate assets. To distinguish […]
Read article →What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs?
What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs? 1. Detailed Answer When you serve as a personal representative (executor) for a Florida estate, you must gather assets, pay debts and expenses, then distribute the balance to heirs. Sometimes heirs wish to keep certain personal items […]
Read article →Who is eligible to receive surplus proceeds when the property was solely in the deceased spouse’s name in Florida?
Detailed Answer In Florida, “surplus proceeds” refer to funds remaining after a foreclosure or tax deed sale of real property when the sale price exceeds the debt and costs. When the property title stood solely in a spouse’s name at death, no joint-tenancy right of survivorship applies. The surplus passes under Florida’s intestate succession law, […]
Read article →