Questions asked by the public about Florida law.
Creditors generally have 3 months after the notice to creditors is first published, or 30 days after being served, and claims are generally barred 2 years after death.
No. Florida has no state estate tax or inheritance tax, though a large estate may still owe federal estate tax.
Many Florida HOA disputes require presuit mediation before court, though assessment collection is excluded and election and recall disputes go to state arbitration.
After the surviving spouse's share, Florida passes an estate without a will to descendants first, then parents, then siblings and their descendants, then more distant relatives.
A Florida money judgment is collected by recording liens on real and personal property and by levy and sale, while homestead and other exempt property stay protected.
Generally yes. A Florida LLC's debts belong to the company, but a member stays liable for obligations taken on personally, such as a personal guarantee of a loan.
Florida generally allows 2 years for a negligence lawsuit, while some property claims, such as trespass or damage to personal property, carry a 4 year limit.
Yes, if the noncompete is in a signed writing, protects a legitimate business interest and is reasonable in time, area and line of business.
Yes, with added safeguards. Witnesses may appear by video during an online notarization, with extra screening when fewer than two witnesses are physically present.
Yes, within limits. A Florida will may be signed electronically and witnessed by video during an online notarization session supervised by an online notary.
A Florida co owner can file a partition action, and the court sets each owner's share, then divides the property or orders a sale and splits the proceeds by share.
A pour over will moves property left outside a living trust into that trust at death, so the trust's terms decide who receives it.
Florida requires the principal, two witnesses and a notary for a valid power of attorney, and the agent must be an adult or a qualifying financial institution.
Florida lets a competent adult choose a future guardian in advance, and the chosen person is presumed entitled to serve unless found unqualified.
Yes. A Florida probate is filed in the county where the decedent lived, no matter where the heirs live, and heirs can sign before a Florida online notary by video.
Yes. A Florida online notary located in Florida may notarize for a signer in another state, though lenders and title insurers set their own remote closing rules.
Not always. An owner survived by a spouse or minor child cannot freely leave a Florida homestead by will, though with no minor child it may be left to the spouse.
A Florida will must be in writing, signed at the end by the testator, and signed or acknowledged before two witnesses who sign in front of the testator and each other.
A Florida will can be challenged for fraud, duress, mistake, undue influence, improper signing or lack of sound mind, within 3 months after service of the notice of administration.
A self proved Florida will usually needs no witness testimony. If the witnesses cannot be found, the court may admit the will on the oath of the personal representative.
