reglab/housing_qa huggingface dataset:
FL Stat § 733.805 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.805 - Order in which assets abate.

733.805 Order in which assets abate.—(1) Funds or property designated by the will shall be used to pay debts, family allowance, exempt property, elective share charges, expenses of administration, and devises, to the extent the funds or property is sufficient. If no provision is made or the designated fund or property is insufficient, the funds and property of the estate shall be used for these purposes, and to raise the shares of a pretermitted spouse and children, except as otherwise provided in subsections (3) and (4), in the following order:(a) Property passing by intestacy.(b) Property devised to the residuary devisee or devisees.(c) Property not specifically or demonstratively devised.(d) Property specifically or demonstratively devised.(2) Demonstrative devises shall be classed as general devises upon the failure or insufficiency of funds or property out of which payment should be made, to the extent of the insufficiency. Devises to the decedent’s surviving spouse, given in satisfaction of, or instead of, the surviving spouse’s statutory rights in the estate, shall not abate until other devises of the same class are exhausted. Devises given for a valuable consideration shall abate with other devises of the same class only to the extent of the excess over the amount of value of the consideration until all others of the same class are exhausted. Except as herein provided, devises shall abate equally and ratably and without preference or priority as between real and personal property. When property that has been specifically devised or charged with a devise is sold or used by the personal representative, other devisees shall contribute according to their respective interests to the devisee whose devise has been sold or used. The amounts of the respective contributions shall be determined by the court and shall be paid or withheld before distribution is made.(3) Section 733.817 shall be applied before this section is applied.(4) In determining the contribution required under s. 733.607(2), subsections (1)-(3) of this section and s. 736.05053(2) shall be applied as if the beneficiaries of the estate and the beneficiaries of a trust described in s. 733.707(3), other than the estate or trust itself, were taking under a common instrument.History.—s. 1, ch. 74-106; s. 88, ch. 75-220; s. 1, ch. 77-174; s. 1020, ch. 97-102; s. 156, ch. 2001-226; s. 38, ch. 2006-217.Note.—Created from former s. 734.05.
FL Stat § 733.806 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.806 - Advancement.

733.806 Advancement.—If a person dies intestate, property that the decedent gave during lifetime to an heir is treated as an advancement against the heir’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir. The property advanced shall be valued at the time the heir came into possession or enjoyment of the property or at the time of the death of the decedent, whichever first occurs. If the recipient of the property does not survive the decedent, the property shall not be taken into account in computing the intestate share to be received by the recipient’s descendants unless the declaration or acknowledgment provides otherwise.History.—s. 1, ch. 74-106; s. 1021, ch. 97-102; s. 157, ch. 2001-226.Note.—Created from former s. 734.07.
FL Stat § 733.809 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.809 - Right of retainer.

733.809 Right of retainer.—The amount of a noncontingent indebtedness due from a beneficiary to the estate or its present value, if not due, may be offset against that beneficiary’s interest. However, that beneficiary shall have the benefit of any defense that would be available in a direct proceeding for recovery of the debt.History.—s. 1, ch. 74-106; s. 39, ch. 77-87; s. 1022, ch. 97-102; s. 159, ch. 2001-226.
FL Stat § 733.810 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.810 - Distribution in kind; valuation.

733.810 Distribution in kind; valuation.—(1) Assets shall be distributed in kind unless:(a) A general power of sale is conferred;(b) A contrary intention is indicated by the will or trust; or(c) Disposition is made otherwise under the provisions of this code.(2) Any pecuniary devise, family allowance, or other pecuniary share of the estate or trust may be satisfied in kind if:(a) The person entitled to payment has not demanded cash;(b) The property is distributed at fair market value as of its distribution date; and(c) No residuary devisee has requested that the asset remain a part of the residuary estate.(3) When not practicable to distribute undivided interests in a residuary asset, the asset may be sold.(4) When the fiduciary under a will or trust is required, or has an option, to satisfy a pecuniary devise or transfer in trust, to or for the benefit of the surviving spouse, with an in-kind distribution, at values as finally determined for federal estate tax purposes, the fiduciary shall, unless the governing instrument otherwise provides, satisfy the devise or transfer in trust by distribution of assets, including cash, fairly representative of the appreciated or depreciated value of all property available for that distribution, taking into consideration any gains and losses realized from a prior sale of any property not devised specifically, generally, or demonstratively.(5) A personal representative or a trustee is authorized to distribute any distributable assets, non-pro rata among the beneficiaries subject to the fiduciary’s duty of impartiality.History.—s. 1, ch. 74-106; s. 92, ch. 75-220; s. 40, ch. 77-87; s. 160, ch. 2001-226.Note.—Created from former s. 734.031.
FL Stat § 733.811 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.811 - Distribution; right or title of distributee.

733.811 Distribution; right or title of distributee.—If a distributee receives from a fiduciary an instrument transferring assets in kind, payment in distribution, or possession of specific property, the distributee has succeeded to the estate’s interest in the assets as against all persons interested in the estate. However, the fiduciary may recover the assets or their value if the distribution was improper.History.—s. 1, ch. 74-106; s. 161, ch. 2001-226.
FL Stat § 733.812 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.812 - Improper distribution or payment; liability of distributee or payee.

733.812 Improper distribution or payment; liability of distributee or payee.—A distributee or a claimant who was paid improperly must return the assets or funds received, and the income from those assets or interest on the funds since distribution or payment, unless the distribution or payment cannot be questioned because of adjudication, estoppel, or limitations. If the distributee or claimant does not have the property, its value at the date of disposition, income thereon, and gain received by the distributee or claimant must be returned.History.—s. 1, ch. 74-106; s. 92, ch. 75-220; s. 1023, ch. 97-102; s. 162, ch. 2001-226.
FL Stat § 733.813 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.813 - Purchasers from distributees protected.

733.813 Purchasers from distributees protected.—If property distributed in kind, or a security interest in that property, is acquired by a purchaser or lender for value from a distributee, the purchaser or lender takes title free of any claims of the estate and incurs no personal liability to the estate, whether or not the distribution was proper. The purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind.History.—s. 1, ch. 74-106; s. 163, ch. 2001-226.
FL Stat § 733.814 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.814 - Partition for purpose of distribution.

733.814 Partition for purpose of distribution.—When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before the estate is closed to partition the property in the same manner as provided by law for civil actions of partition. The court may direct the personal representative to sell any property that cannot be partitioned without prejudice to the owners and that cannot be allotted equitably and conveniently.History.—s. 1, ch. 74-106; s. 164, ch. 2001-226.
FL Stat § 733.815 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.815 - Private contracts among interested persons.

733.815 Private contracts among interested persons.—Subject to the rights of creditors and taxing authorities, interested persons may agree among themselves to alter the interests, shares, or amounts to which they are entitled in a written contract executed by them. The personal representative shall abide by the terms of the contract, subject to the personal representative’s obligation to administer the estate for the benefit of interested persons who are not parties to the contract, and to pay costs of administration. Trustees of a testamentary trust are interested persons for the purposes of this section. Nothing in this section relieves trustees of any duties owed to beneficiaries of trusts.History.—s. 1, ch. 74-106; s. 94, ch. 75-220; s. 1024, ch. 97-102; s. 165, ch. 2001-226.
FL Stat § 733.901 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part IX - Closing Estates (Ss. 733.901, 733.903)|733.901 - Final discharge.

733.901 Final discharge.—(1) After administration has been completed, the personal representative shall be discharged.(2) The discharge of the personal representative shall release the personal representative and shall bar any action against the personal representative, as such or individually, and the surety.History.—s. 1, ch. 74-106; s. 96, ch. 75-220; s. 42, ch. 77-87; s. 1, ch. 77-174; s. 6, ch. 81-27; s. 29, ch. 95-401; s. 1027, ch. 97-102; s. 168, ch. 2001-226.Note.—Created from former s. 734.22.
FL Stat § 733.903 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part IX - Closing Estates (Ss. 733.901, 733.903)|733.903 - Subsequent administration.

733.903 Subsequent administration.—The final settlement of an estate and the discharge of the personal representative shall not prevent further administration. The order of discharge may not be revoked based upon the discovery of a will or later will.History.—s. 1, ch. 74-106; s. 96, ch. 75-220; s. 1, ch. 88-110; s. 169, ch. 2001-226.Note.—Created from former s. 734.26.
FL Stat § 734.101 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration|Part I - General Provisions (Ss. 734.101-734.104)|734.101 - Foreign personal representative.

734.101 Foreign personal representative.—(1) Personal representatives who produce authenticated copies of probated wills or letters of administration duly obtained in any state or territory of the United States may maintain actions in the courts of this state.(2) Personal representatives appointed in any state or country may be sued in this state concerning property in this state and may defend actions or proceedings brought in this state.(3) Debtors who have not received a written demand for payment from a personal representative or curator appointed in this state within 90 days after appointment of a personal representative in any other state or country, and whose property in Florida is subject to a mortgage or other lien securing the debt held by the foreign personal representative, may pay the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative. Thereafter, a satisfaction of the mortgage or lien executed by the foreign personal representative, with an authenticated copy of the letters or other evidence of authority attached, may be recorded in the public records. The satisfaction shall be an effective discharge of the mortgage or lien, irrespective of whether the debtor making payment had received a written demand before paying the debt.(4) Except as provided in s. 655.936, all persons indebted to the estate of a decedent, or having possession of personal property belonging to the estate, who have received no written demand from a personal representative or curator appointed in this state for payment of the debt or the delivery of the property are authorized to pay the debt or to deliver the personal property to the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative.History.—s. 1, ch. 74-106; s. 98, ch. 75-220; s. 1028, ch. 97-102; s. 170, ch. 2001-226; s. 110, ch. 2002-1; s. 16, ch. 2007-74.Note.—Created from former s. 734.30.
FL Stat § 734.102 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration|Part I - General Provisions (Ss. 734.101-734.104)|734.102 - Ancillary administration.

734.102 Ancillary administration.—(1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida. Otherwise, the foreign personal representative of the decedent’s estate shall be entitled to have letters issued, if qualified to act in Florida. If the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued. Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida. If the decedent dies intestate and the foreign personal representative is not qualified to act in Florida, the order of preference for appointment of a personal representative as prescribed in this code shall apply. If ancillary letters are applied for by other than the domiciliary personal representative, prior notice shall be given to any domiciliary personal representative.(2) Ancillary administration shall be commenced as provided by the Florida Probate Rules.(3) If the will and any codicils are executed as required by the code, they shall be admitted to probate.(4) The ancillary personal representative shall give bond as do personal representatives generally. All proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible.(5) Unless creditors’ claims are otherwise barred by s. 733.710, the ancillary personal representative shall cause a notice to creditors to be served and published according to the requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702.(6) After the payment of all expenses of administration and claims against the estate, the court may order the remaining property held by the ancillary personal representative transferred to the foreign personal representative or distributed to the beneficiaries.(7) Ancillary personal representatives shall have the same rights, powers, and authority as other personal representatives in Florida to manage and settle estates; to sell, lease, or mortgage local property; and to raise funds for the payment of debts, claims, and devises in the domiciliary jurisdiction. No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonclaim of this state.History.—s. 1, ch. 74-106; s. 98, ch. 75-220; s. 43, ch. 77-87; s. 1, ch. 77-174; s. 1029, ch. 97-102; s. 171, ch. 2001-226.Note.—Created from former s. 734.31.
FL Stat § 734.1025 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration|Part I - General Provisions (Ss. 734.101-734.104)|734.1025 - Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims.

734.1025 Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims.—(1) When a nonresident decedent dies testate and leaves property subject to administration in this state the gross value of which does not exceed $50,000 at the date of death, the foreign personal representative of the estate before the expiration of 2 years after the decedent’s death may file in the circuit court of the county where any property is located an authenticated transcript of so much of the foreign proceedings as will show the will and beneficiaries of the estate, as provided in the Florida Probate Rules. The court shall admit the will and any codicils to probate if they comply with s. 732.502(1), (2), or (3).(2) The foreign personal representative may cause a notice to creditors to be served and published according to the relevant requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702. If any claim is filed, a personal representative shall be appointed as provided in the Florida Probate Rules.History.—s. 1, ch. 80-203; s. 10, ch. 89-340; s. 1030, ch. 97-102; s. 79, ch. 99-3; s. 172, ch. 2001-226; s. 12, ch. 2003-154.
FL Stat § 734.104 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration|Part I - General Provisions (Ss. 734.101-734.104)|734.104 - Foreign wills; admission to record; effect on title.

734.104 Foreign wills; admission to record; effect on title.—(1) An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the property, may be admitted to record in any county of this state where the property is located at any time after 2 years from the death of the decedent or at any time after the domiciliary personal representative has been discharged if there has been no proceeding to administer the estate of the decedent in this state, provided:(a) The will was executed as required by chapter 732; and(b) The will has been admitted to probate in the proper court of any other state, territory, or country.(2) A petition to admit a foreign will to record may be filed by any person and shall be accompanied by authenticated copies of the foreign will, the petition for probate, and the order admitting the will to probate. If no petition is required as a prerequisite to the probate of a will in the jurisdiction where the will of the nonresident was probated, upon proof by affidavit or certificate that no petition is required, an authenticated copy of the will may be admitted to record without an authenticated copy of a petition for probate, and the order admitting the will to record in this state shall recite that no petition was required in the jurisdiction of original probate.(3) If the court finds that the requirements of this section have been met, it shall enter an order admitting the foreign will to record.(4) When admitted to record, the foreign will shall be as valid and effectual to pass title to real property and any right, title, or interest therein as if the will had been admitted to probate in this state.History.—s. 3, ch. 74-106; s. 98, ch. 75-220; s. 45, ch. 77-87; s. 229, ch. 77-104; s. 15, ch. 79-221; s. 274, ch. 79-400; s. 11, ch. 89-340; s. 173, ch. 2001-226.Note.—Created from former s. 736.06.
FL Stat § 734.201 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration|Part II - Jurisdiction Over Foreign Personal Representatives (Ss. 734.201, 734.202)|734.201 - Jurisdiction by act of foreign personal representative.

734.201 Jurisdiction by act of foreign personal representative.—A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding concerning the estate by:(1) Filing authenticated copies of the domiciliary proceedings under s. 734.104;(2) Receiving payment of money or taking delivery of personal property, under s. 734.101; or(3) Doing any act as a personal representative in this state that would have given the state jurisdiction over that person as an individual.History.—s. 1, ch. 74-106; s. 99, ch. 75-220; s. 1031, ch. 97-102; s. 174, ch. 2001-226.
FL Stat § 734.202 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration|Part II - Jurisdiction Over Foreign Personal Representatives (Ss. 734.201, 734.202)|734.202 - Jurisdiction by act of decedent.

734.202 Jurisdiction by act of decedent.—In addition to jurisdiction conferred by s. 734.201, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately before death.History.—s. 1, ch. 74-106; s. 1032, ch. 97-102; s. 175, ch. 2001-226.
FL Stat § 735.201 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 735 - Probate Code: Small Estates|Part I - Summary Administration (Ss. 735.201-735.2063)|735.201 - Summary administration; nature of proceedings.

735.201 Summary administration; nature of proceedings.—Summary administration may be had in the administration of either a resident or nonresident decedent’s estate, when it appears:(1) In a testate estate, that the decedent’s will does not direct administration as required by chapter 733.(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years.History.—s. 1, ch. 74-106; s. 105, ch. 75-220; s. 2, ch. 80-203; s. 13, ch. 89-340; s. 179, ch. 2001-226.
FL Stat § 735.202 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 735 - Probate Code: Small Estates|Part I - Summary Administration (Ss. 735.201-735.2063)|735.202 - May be administered in the same manner as other estates.

735.202 May be administered in the same manner as other estates.—The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part.History.—s. 1, ch. 74-106.Note.—Created from former s. 735.02.