Which court or county office handles estate administration and unclaimed property claims in Florida?
Disclaimer: This article provides general information under Florida law and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney. Detailed Answer Estate Administration In Florida, probate and estate administration occur in the Circuit Courts. Florida has 20 judicial circuits. Each circuit court has exclusive jurisdiction over matters involving the […]
Read article →What Steps Are Required to Open an Estate Proceeding When No Probate Case Exists in Florida?
Detailed Answer When a person dies in Florida and no probate case exists, heirs or beneficiaries must open an estate proceeding to transfer assets and pay debts. Florida law offers two primary tracks: formal administration and summary administration. Choose the process based on asset value, the existence of a will, and creditors’ claims. Step 1: […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Florida
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Detailed Answer To determine if a probate estate has been opened for a decedent in Florida, follow these steps: Identify the county of domicile: In Florida, probate matters are handled in the county where the decedent lived at the time of […]
Read article →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 […]
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