Can A Personal Representative Of A Will Sell Property Without Approval From All Beneficiaries?

As long as the last will and testament gives the personal representative that power, the personal representative has the authority to sell any kind of real estate that is not considered homestead without seeking a court order. If the personal representative with authority under a will wants to sell a property, the terms of the property sale is at the sole discretion of the personal representative and does not require court approval. For property that is considered homestead, which would be the primary residence that the decedent occupied and owned at time of death, the personal representative would need to seek an order determining the homestead right of the real property. At that point, that homestead order will give the property to the beneficiaries, who are entitled to receive the homestead. For a non-primary residence, the personal representative does not need to seek approval if there is authority to sell under the terms of the will. If there is no will or authority under the will, then court approval is required.

When Does The Personal Representative Have The Authority To Change A Will?

The personal representative does not have the authority to change a last will and testament. The personal representative can, however, distribute the estate according to an agreement between all beneficiaries of an estate. If there is a question about the wording of a will and how the personal representative should give estate property to certain people, the personal representative can seek a court order determining who should have been the beneficiary of particular assets.

What Happens If A Will Is Never Probated?

If a will is never probated, the issue becomes whether there is an asset under the deceased person’s name that has not had a new owner determined. If a will is never probated and the decedent had no assets at time of death, then it’s completely irrelevant that it was not probated. A will is required to be probated when there is an asset, such as a real estate or an account that requires the will to dictate how it is distributed upon the decedent’s death. If a will is never probated and there is a bank account with the decedent’s name on it, the bank, after a certain amount of years, will give notice of inactivity to any people they have on file. If there is no response to their inquiries, the financial institution can transfer the contents of the account to the State of Florida. This process is called Escheat.

The escheat process is when the State of Florida becomes the new custodian of an unprobated estate. They actually are just the custodians of the unclaimed property. If it is real estate that is unprobated and no one is paying the property taxes, a property tax appraiser will eventually issue a tax deed, giving the property to whomever paid for the property taxes before the probate occurred.

Is There Estate Tax In Florida?

In Florida, there is no estate tax. There is a federal estate tax, but the current limitations do not put a majority of people into the bracket that requires the payment of it. Most Floridians making Florida their primary domicile and passing away in Florida do not have to pay any estate tax.

For more information on Selling Property Without Beneficiary Approval, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.

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