Florida: How Sale Proceeds from a Deceased Parent’s House Are Distributed
Understanding How Sale Proceeds from a Florida Residence Are Distributed This FAQ-style guide explains how sale proceeds from a deceased parent’s house are handled in Florida and how you can find out exactly where the money will go. It explains who controls the sale, what claims and costs are paid first, and the records you […]
Read article →Florida: Can a Prenuptial Agreement Affect a Life Estate or Your Share of an Estate?
Disclaimer: I am not a lawyer. This article provides general information about Florida law and is not legal advice. Consult a licensed Florida attorney about your specific situation. Detailed Answer — How a Prenuptial Agreement Can Affect a Life Estate and Your Share in Florida Short answer: Yes, a valid prenuptial agreement can change how […]
Read article →Confirming Your Share From a Sibling’s House Sale — Florida Probate FAQ
How to confirm an executor’s calculation of your share from the sale of a sibling’s house (Florida probate) Short answer: In Florida you can verify the executor’s math and whether distributions follow the will or intestacy rules by requesting the estate accounting and sale documentation (closing statement, mortgage payoff, commissions, paid expenses), checking how debts […]
Read article →Florida: Selling a Deceased Parent’s House During Probate When a Mortgage Remains
Can a personal representative sell real property in probate when a mortgage remains? Short answer: Often yes — but it depends on whether the house is homestead, whether the sale is authorized by the personal representative’s authority or the court, and whether the mortgage lender’s lien is being paid or assumed. In Florida, creditors’ claims, […]
Read article →Do I have to publish notice to creditors for three months under Florida small estate rules?
Short Answer No — not always. Under Florida law the typical three‑month creditor notice period applies to formal probate administration, but many small‑estate procedures and summary administration routes work differently. Whether you must publish a notice to creditors for three months before you can sell your mother's house depends on (1) whether the house is […]
Read article →Proving the Value of a Deceased Relative’s Vehicles During Florida Probate
Note: This page explains how to document and support the fair market value of motor vehicles that were owned by a decedent in a Florida probate. It is educational only and is not legal advice. Detailed answer: How to prove the value of a decedent’s vehicles in Florida probate When someone dies and their estate […]
Read article →Proving the Value of a Decedent’s Vehicles in Florida Probate
How to Prove the Value of a Decedent’s Vehicles in Florida Probate This FAQ-style guide explains, under Florida law, how a personal representative or heir can prove the value of a decedent’s motor vehicles during probate. It assumes no prior legal knowledge and outlines practical steps, typical documents, and where to look for official rules. […]
Read article →Florida: How to Get Appointed as a Limited Personal Representative in a Small Estate to Run a Notice to Creditors and Sell Real Property
Quick answer In Florida you generally use the summary administration or the small-estate procedures in Chapter 735 of the Florida Statutes to avoid a full probate. To be able to run a notice to creditors and sell real property you will normally file a Petition for Summary Administration and ask the probate court to appoint […]
Read article →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 →