Alex Can a personal representative take possession of property in Florida?
Under section 733.607(1), Florida Statutes, “Except as provided in the decedent’s will, every personal representative has a right to, and shall take possession and control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively …
Can a personal representative take possession of a homestead?
It is important to remember that although the personal representative has the power to take possession of the homestead property, there is not authority to sell it without court approval, because homestead property is not considered property of the probate estate, unless the property is transferred to a person who is not an heir.
Who is responsible for taking possession of an estate in Florida?
One of the first duties of the personal representative in a Florida probate administration is to take possession of the assets of the estate of the decedent (the person who passed away).
Who is responsible for gathering property for probate?
Therefore, the personal representative holds considerable power to gather property of the probate estate. This makes sense because the personal representative is responsible for getting estate property to the right beneficiaries or heirs. What about protected homestead?
Can a personal representative take possession of an estate in Florida?
Section 733.607 (1) gives the personal representative extensive powers in a Florida probate administration to gather the property of the probate estate. The personal representative can take these actions to take control and possession of the property of the probate estate without permission of the court.
How is a personal representative appointed in probate court?
General Once a personal representative is appointed by the probate court, takes the oath of office, and posts bond (if required), the personal representative is authorized to administer the decedent’s estate.
Who is responsible for taking possession of estate assets?
It is the personal representative’s fiduciary responsibility to make sure that the assets of the estate are protected and held for distribution to the beneficiaries of the will, or the heirs of the decedent if there is no will.
Who is qualified to serve as personal representative?
qualified to serve as personal representative. See, §733.305(1), Fla. Stat. Every personal representative must be represented by an attorney unless the personal representative is the “sole interested person” or is an attorney. See, Fla. Prob. R. 5.030(a). Courts have construed the word “interested person” to include