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The term ?personal representative? is used in Florida instead of such terms as ?executor, executrix, administrator, and administratrix.? The personal representative has a legal duty to administer the probate estate ing to Florida law.
Personal Representative's Deed / Trustee's Deed ? refers to the type of person executing the deed. A personal representative is named in a Will to dispose of an estate after an owner has died. The Will legally conveys title, but a Personal Representative's deed is used to formalize and record transfer of title.
When a person dies intestate (without a will), a petition for administration of the estate is filed, and the probate court appoints a qualified person to serve as the "personal representative" to administer the estate. Preferences in appointment of the personal representative are governed by §733.301(1)(b), Fla.
In such cases, Florida law provides that the personal representative may sell the real property at public or private sale. Also, Florida Statutes §733.613, ?no title shall pass until the court authorizes or confirms the sale. No bona fide purchaser shall be required to examine any proceedings before the order of sale.? Can Executor Sell Property Without All Beneficiaries ... yourfloridaprobatelawyer.com ? can-executor-s... yourfloridaprobatelawyer.com ? can-executor-s...
The personal representative of a Florida estate can sell real property during probate administration. However, as highlighted in the article below, there are some instances when the Florida probate statute requires the estate's executor to get a court order before a property in probate administration can be sold.