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Commonly Asked Questions about Florida Real Estate Laws

So if you have three living children at your time of death, each will receive one-third of your assets. Your parent(s) will receive all your assets if you do not have a spouse or descendants. Finally, if you do not have a spouse, descendants, or living parents, any remaining siblings will inherit your property.
Floridas real estate market is governed by a comprehensive set of laws and regulations designed to protect both buyers and sellers. The main law that governs property transactions in the state is the Florida Real Estate Settlement Procedures Act (RESPA).
The intestate succession laws and inheritance laws in Florida are relatively straightforward. Any wealth subject to intestate succession in Florida will pass to your next-of-kin as required by law. Your next-of-kin could be your spouse, children, grandchildren, parents, or other siblings.
First priority is given to the costs administering the estate, attorney fees, and your fee for acting as personal representative, followed by funeral and burial expenses. After that, you must settle taxes and preferred debts under federal law, debts owed to public assistance programs, and unpaid court costs.
Florida law requires formal probate proceedings for any estate worth more than $75,000. If the estate is worth less than $75,000, or if the person has been deceased for over two years, it may qualify for a shorter version of probate called Summary Administration.
Spouse and Descendants If the deceased and surviving spouse have no descendants, the entire probate estate goes to the spouse. If the deceased has descendants and no spouse, the entire probate estate goes to the descendants.
In addition to these basic requirements for adverse possession, Florida law requires that an adverse possessor occupy the land for at least seven years and meet either of the two following requirements: (1) adverse possession under color of title; or (2) adverse possession without color of title.
The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. The right of the property owner to privacy and to exclude others from the property to protect the owners possessions and property.