How to Determine Ownership When My Deceased Parent Is the Only Name on the Deed in FL
Detailed Answer When your deceased parent is the only name on the deed, you must open their estate and follow Florida’s probate and succession rules to establish ownership. Here’s how: 1. Conduct a Title Search Visit the county clerk’s office or online recorder of deeds to obtain a certified copy of the property deed. Note […]
Read article →What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in Probate Administration in Florida?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Florida law, a personal representative must take reasonable steps to identify and notify all heirs before distributing estate assets. The Florida Probate Code outlines both the methods and timing for notices to known and unknown heirs. See Fla. […]
Read article →How Can an Administrator in Florida Locate and Verify Potential Heirs with Limited Information?
Disclaimer This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney in Florida for guidance on your specific situation. Detailed Answer When someone dies without leaving a complete list of family members or when records are scarce, the personal representative (often called an administrator) must make reasonable efforts to […]
Read article →What notice requirements and procedures apply for notifying creditors, including medical debt collectors, in probate in Florida?
Notice Requirements for Creditor Notification in Florida Probate Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a probate estate opens in Florida, the personal representative must notify all creditors—both known and unknown—so they can file valid claims. Florida law divides notice procedures into two categories: notice […]
Read article →How can a potential heir be appointed as administrator when the decedent left no will in Florida?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies without a will in Florida, the probate court appoints an administrator (often called a “personal representative”) to manage the estate under the Florida Probate Code. 1. Filing a Petition: An interested person — typically a potential heir — files a […]
Read article →What documentation is needed to freeze or secure the decedent’s bank accounts in Florida when co-heirs refuse to cooperate?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Florida for guidance specific to your situation. Detailed Answer When a Florida resident dies, all funds held in their bank accounts form part of their probate estate. Florida banks generally will only honor instructions from a […]
Read article →How are real property and personal assets identified, inventoried, and distributed under intestacy law in Florida?
Disclaimer This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on Florida intestate succession. Detailed Answer 1. Classification of Assets Florida law splits an estate into real property (land and structures) and personal property (tangible items, bank accounts, investments). Under Florida Statutes § 732.401 (Classification of […]
Read article →What Type of Deed Should Heirs Sign to Convey Their Interests in Florida Property, and How Is It Recorded? (SC)
Conveying Out-of-State Property: Deed Types and Recording Under South Carolina Law Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When heirs of a South Carolina decedent need to transfer inherited real property located in Florida, they must use a deed recognized by Florida law and record it […]
Read article →What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in Florida?
Detailed Answer When a financial institution, title company or custodian refuses to release key estate documents—like account statements, deeds or corporate records—a personal representative in Florida can take several steps to secure them. 1. Present Letters of Administration or Testamentary Florida law requires institutions to honor certified letters of administration or testamentary. Obtain these letters […]
Read article →What Type of Deed Should Heirs Sign to Convey Their Interests in Property in Another Jurisdiction, and How Is It Recorded in Florida?
Detailed Answer When a decedent’s heirs need to transfer their inherited interest in real property located outside Florida, they typically use either a Personal Representative’s Deed (after probate) or a Quitclaim Deed (to avoid probate). Below is an overview of each option under Florida law and the recording process. 1. Personal Representative’s Deed (After Probate) […]
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