Florida Probate Code Regarding Out-of-state Executors

Not all states have the same rules when it comes to probate administration and deeds. In fact, Florida probate code differs from the law in other states, which can confuse even out-of-state probate lawyers. The following article discusses the probate code of the Florida statutes as it relates to deeds.

Why is a deed signed by an executor from another state not valid in Florida?

State law currently does not recognize the power an executor from another state to distribute or sell real property in Florida. This is a very confusing part of the state's probate code because for some time Florida had a statute which did permit foreign executors to convey local real estate.

Why the statute was changed is a matter of debate, but turf protection by Florida probate lawyers is a good bet. (The statute does allow a foreign executor to satisfy a mortgage owned by a deceased.) In addition, in many other states the law does recognize the power of a foreign executor (say, one from Florida) to convey title to real estate by deed. So, some out-of-state attorneys, thinking our state has the same law as their state, prepare and record a foreign executor's deed or personal representative's deed in Florida and think the job is done. Years later, the frustrated heirs or owners find out to the contrary, making for some unhappy people and the need for ancillary probate administration in Florida to cure the defect.

Contact Our Florida Probate Lawyers for Your Estate's Legal Needs

The lawyers at Statewide Probate are knowledgeable when it comes to the Florida's probate code. In addition, we offer reasonable probate administration fees to clients with estates throughout the state, including Pensacola, West Palm Beach, Fort Meyers, Jacksonville, Tallahassee, Miami, Sarasota, Daytona Beach, Tampa Bay, and Fort Lauderdale. Contact our experienced Florida probate lawyers for a free consultation.