Orlando, FL asked in Landlord - Tenant and Probate for Florida

Q: I am property owner and rent my property. My tenant passed away aprox 60 days ago and probate is pending.

When can I remove the pts personal

property? Do I need to store the personal until probate is complete?

I have notified the representitives for the estate. However there is more than one rep and they are disputing the probate. They are unable to find the orginial copy of the will and therefore the judge has not ruled on the probate.

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: The first thing is to contact either the personal representative for the estate, or the PR's lawyer to let them know that you need to have the personal effects out of the property.

1 user found this answer helpful

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: I agree with attorney Kaufman. I also suggest that you consult with a landlord attorney in your area to get specific advice, based upon your lease on options to get the property ready to rent again. You may have to store the tenants items as just letting the unit sit empty is probably not financially feasible, but you cannot just throw the deceased items away.

Good luck,

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