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Legal FAQs

Questions asked by the public about Florida law.

All Categories Real Estate Probate Wills & Trusts Estate Planning Business Civil Litigation
Probate

Is Probate Mandatory for All Estates in Florida?

Probate is not always required in Florida when a person dies, and there are several situations where the deceased's assets can pass without probate.

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Probate

What Occurs During a Probate Hearing?

Florida probate courts admit wills, appoint a personal representative, and issue letters of administration. Objections to a will's validity must generally be filed within 3 months of notice.

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Probate

What Are the Duties Involved in Probate Administration?

The personal representative inventories and appraises the estate's assets, notifies creditors, pays bills and taxes from the estate, transfers ownership of property, and distributes what remains to the beneficiaries.

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Probate

What Are Letters Testamentary?

Letters testamentary is the traditional name for a court's authority to the executor named in a will. Florida calls that person a personal representative and the document letters of administration.

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Probate

Do Heirs Bear Responsibility for Mortgage Debts?

A person who receives mortgaged property as a specific gift under a will takes it subject to the mortgage unless the will shows an intent to pay the mortgage from the rest of the estate.

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Probate

Can Heirs Inherit a Property under a Reverse Mortgage?

Heirs and beneficiaries named in a will or trust may have rights to the home after the borrower dies. For a federally insured HECM, HUD cannot require a sale price above 95% of the appraised value.

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Probate

What Are the Costs to File Probate in Florida?

Florida probate attorney fees are negotiable. If no fee is agreed, Florida law presumes a tiered fee, such as $3,000 for a $100,000 estate. Court filing and accounting costs are extra.

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Probate

Can a Mortgage Stay in the Name of a Deceased Person?

Often, yes. Federal law bars a lender from enforcing a due-on-sale clause when a home passes to a relative because of the borrower's death, but the facts of each estate matter.

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Probate

What Happens When Someone Passes Away with a Reverse Mortgage?

When the last borrower dies, the reverse mortgage becomes due. The estate or heirs can pay it off, sell the home or give the lender a deed in lieu of foreclosure. For a HECM sale, HUD cannot require a price above 95% of appraised value.

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Probate

Are There Fees Associated with Probate?

Yes. Florida law sets presumed-reasonable compensation for the personal representative and the attorney in formal administration, based on the estate's value. Other costs vary by case.

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Business

Is a Business License Mandatory in Florida?

Florida counties and cities may levy a local business tax, so a business may need a local business tax receipt where it operates. Many regulated professions and trades also need a state license.

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Wills & Trusts

How Do Wills Work in Florida?

A Florida will must be signed freely and without undue influence, at the end of the document, in the presence of two competent witnesses. Having an attorney prepare and witness it is strongly recommended.

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Probate

What Is a Probate Attorney?

A probate attorney handles the administration of a deceased person's estate: proving the will, inventorying and appraising property, paying debts and taxes, and distributing what remains to the heirs.

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Business

Who Regulates Medical Offices in Florida?

Several agencies share the role. The Florida Board of Medicine, within the Department of Health, oversees medical doctors, and many medical offices also need a health care clinic license from the Agency for Health Care Administration.

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Business

What Are the Elements of an LLC Operating Agreement?

A Florida LLC operating agreement governs relations among members, manager duties, the company's affairs, and amendments. Limited liability comes from Florida law, not the agreement.

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Real Estate

What Is an Affidavit Of Title?

An affidavit of title is a sworn statement by a property owner about the owner's title and any known mortgages, liens, judgments, or other claims against the property.

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Real Estate

What Is a Double Net Lease?

In a double net lease the tenant pays rent plus the property taxes and insurance, while the landlord remains responsible for major repairs and maintenance. It is most often used for commercial property.

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Real Estate

What Is a Full-Service Gross Lease?

In a full-service gross lease the tenant pays one monthly rent that covers utilities, taxes, insurance, and common area maintenance. The landlord maintains the property, so the tenant carries only its own expenses.

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Real Estate

What Is a Percentage Lease?

Percentage leases are common in the retail industry. They are typically used when tenants operate a business in a space they do not own.

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Real Estate

What Is a Triple Net Lease (NNN Lease)?

A Triple Net Lease is a net lease where the tenant is responsible for the property taxes, building insurance, and common area maintenance (CAM) charges in addition to the base rent.

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