This form is a Personal Representative's Deed of Distribution where the Grantor is an Individual appointed as personal representative of the estate and the Grantee is the beneficiary entitled to receive the property from the estate. Grantor conveys the described property to Grantee and only covenants that the transfer is authorized by the Court and that the Grantor has done nothing while serving as personal representative to encumber the property. This deed complies with all state statutory laws.
Miami-Dade Florida Personal Representative's Deed of Distribution
Category:
State:
Florida
County:
Miami-Dade
Control #:
FL-038-78
Format:
Word;
Rich Text
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FAQ
According to Florida Probate Code 733.612, ?a personal representative, acting reasonably for the benefit of the interested persons, may properly sell, mortgage, or lease any personal property of the estate or any interest in it for cash, credit, or for part cash or part credit, and with or without security for the
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
Florida Personal Representative's Distributive Deed (intestate) This form is for use by the personal representative of an individual who died without a will. Wills, or last wills and testaments, are estate planning documents used to organize and record how people wish to distribute their assets after death.
(2) Exempt property shall consist of: (a) Household furniture, furnishings, and appliances in the decedent's usual place of abode up to a net value of $20,000 as of the date of death. (b) Two motor vehicles as defined in s.(c) All qualified tuition programs authorized by s.(d) All benefits paid pursuant to s.
A Florida homestead is not subject to probate. Probate proceedings involve only assets subject to creditor claims. The Florida homestead is exempt from creditors, so it is not part of the probate estate.
A personal representative is compensated: At the rate of 3 percent for the first $1 million in estate assets. At the rate of 2.5 percent for all above $1 million and not exceeding $5 million in estate assets.
A distribution deed is another way in which to legally transfer real property when the party who is supposed to receive the property cannot be determined from the decedent's will.
Once appointed, a document called ?Letters of Administration? will be provided to the Personal Representative. This document allows a Personal Representative to open an estate account and deal with third parties to either marshal assets of the deceased or pay any outstanding bills.
Yes. A personal representative can also be a named beneficiary in the decedent's will. For example, in a family with four siblings, one of the siblings or even the spouse may act as a personal representative. There is no law against it as long as the individual is mentally and physically fit to perform the duties.
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.