Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Florida?
Florida Personal Representative Commission Rules In Florida, a personal representative earns commissions on estate assets under a statutory cap. Florida Statutes §733.617 sets these rates and governs how courts approve compensation. This section explains how to calculate commissions, why sale proceeds do not trigger a second commission, and how to request additional pay for extraordinary […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Florida?
Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation. Detailed Answer Open the Estate: File a petition for administration in the circuit court of the decedent’s county of residence. The court appoints a personal representative (formerly called executor). See Fla. Stat. […]
Read article →How Do Intestacy Rules Apply If No Valid Will Is Found? (FL)
What Happens When No Valid Will Is Found? Florida Intestacy Rules Explained Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a person dies without a valid will, Florida law (intestacy) dictates how their assets distribute. The Florida Probate Code, Chapter 732, sets forth a clear heir […]
Read article →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 […]
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