Personal & Real Property: Possession of an Estate & Searching House in Probate Definition
Upon the passing of a person, many things must be taken into account such as a home and other belongings of the deceased person. Property of a deceased person must be taken into possession by the personal representative unless the will states otherwise. On the other hand, if a person has died without a will, or died “intestate, then another procedure will be followed. The property taken into possession by a personal representative includes not only personal property, but real property as well. Examples of personal property would be clothes, jewelry, paintings, and so on. Examples of real property would include condominiums, houses, land, and the like. When finding out whether a house would be considered real or personal property, some of the words searched online may include “House in Probate definition”. The law varies on the possession of both personal and real property. Of course, what is specified in a will is what the court will follow when it comes to the possession of property unless it is violates other portions of the law.
Part IV of the Florida Probate Code, “Duties and Power of Personal Representative”
According to Florida Statute 733.607 (1) “Possession of Estate”,
“Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by a beneficiary is conclusive evidence that the possession of the property by the personal representative is necessary for the purposes of administration, in any action against the beneficiary for possession of it. The personal representative shall take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution and may maintain an action to recover possession of property or to determine the title to it.”
As the statute states, first and foremost, the terms of a deceased person’s, or decedent’s, will must be followed. Unless something to the contrary is specified in a decedent’s will, then a personal representative can take possession of both real and personal property that belonged to the decedent. As the statute declares, the personal representative has a duty to protect and maintain the estate, or to be specific, the personal and real property of the decedent. For instance, that means that the personal representative has duty to maintain a house if there was one owned by the decedent. The personal representative would have the duty to maintain until the beneficiary or person who is receiving the house, according the will, has taken the house. So, could the possession of a house be considered in probate? Yes, a “House in Probate definition” would apply, or in other words, the possession of a house could be involved in probate law.
Possession of Personal Property: Tangible v. Intangible
A personal representative can take possession of the decedent’s personal property, unless there is someone who may be presumptively entitled to it. However, if that were to intervene with the process necessary for probate administration then the item will have to be surrendered to the personal representative. It is important to note that the statute specifies tangible personal property. Tangible personal property is property that can be found in tangible form, such as jewelry or paintings. Intangible personal property would include shares of stock, ownership in a business, and so forth. For example, if it were necessary for a personal representative to account for the extensive jewelry collection of a decedent, then it may be necessary for the personal representative to take possession of the jewelry prior to releasing the jewelry to whomever it was gifted to in the will.
Possession of Real Property: What about House in Probate Definition?
Similar to personal property, a person who is presumptively entitled to real property may take possession. However, if the personal representative requires the property for probate administration, then the beneficiary must not intervene with the personal representative taking control of the real property. Yet, what about House in Probate definition? What does the Florida Probate Code say when it comes possession of a house? A house, because it is attached to land, is considered real estate or real property. Therefore, a personal representative may still take possession of it, but with the full obligation to maintain the house until it is received by the beneficiary.
If you are a spouse living in a homestead property then you are an exception to the rule. The State of Florida protects people that are residing in homestead property. There are quite a few factors that will be taken into consideration if you are surviving spouse of the decedent and protected homestead property is one of them. This brings to mind struggle for possession of property that has been discussed and written about since time immemorial. In Jane Austen’s famous novel Sense & Sensibility, the lead female characters of the novel, the Dashwood Sisters and their Mother, must leave their home because their Father has passed away. He was the sole owner of their house, and the heir to the house is their half-brother. The Dashwood Sisters and their Mother must relocate and find a new residence in England. They spend the rest of the novel looking for suitable husbands so that they may secure their future. Fortunately, in the United States, a woman’s right to own property and live is not solely based upon the property owned by her male relatives. Although this example is based on fiction, it exemplifies how the struggle for possession of property is nothing new.
Excellent Legal Services at Bret Jones, P.A.
At Bret Jones, P.A. our attorneys and staff will assist you with all your legal concerns, including search terms such as “House in Probate definition”. We believe that our clients should fully understand their situation, and we do our best to ensure that our clients do. Searching “House in Probate definition” for the probate definition of what is considered to be a house, is something that your attorney should explain. To possess knowledge necessary for a better understanding of the law is something you should be encouraged to acquire.
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