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Order Determining Homestead Status Form. This is a Florida form and can be use in Orange Local County.
Tags: Order Determining Homestead Status, Florida Local County, Orange
IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. Division: In re: Estate of Deceased. ___________________________________/ ORDER DETERMINING HOMESTEAD STATUS On the petition of the personal representative of this estate for an order determining the status of the decedent’s homestead, the court finds: FINDINGS OF FACT 1. All interested persons have been served proper notice of this proceeding, or have waived notice thereof, or have consented in advance to the court’s determination. 2. The decedent died on ______________________. 3. At the time of death, the decedent owned and resided on property that met the size and contiguity requirements stated in Article X, §4, of the Florida Constitution. That property is legally described as: ______________________________________________________ together with improvements described as: ___________________________________________________ (Referred to in this order as “the Property.”) 4. (CHECK ONE BOX ONLY:) The decedent was not survived by a minor child. The decedent was survived by a minor child. 5. (CHECK ONE BOX ONLY:) The decedent was not survived by a spouse. The decedent was survived by a spouse, but the spouse has validly waived homestead rights in a marital agreement, a copy of which was attached to the Petition as Exhibit A. The decedent was survived by a spouse. 6. The decedent was survived by the following pers ons who are heirs at law as defined American LegalNet, Inc. www.FormsWorkflow.com in F.S. 732.102-732.108: Name and Address Relationship Age/Minor’s Birth Date CONCLUSIONS OF LAW Based on the foregoing, in applying the law to the facts, the court concludes: 1. The Property constituted the homestead of the decedent. 2. (CHECK ONE BOX ONLY:) The Property was not subject to devise and descended as provided in F.S. 732.401 as follows: The Property was subject to devise and was devised by Article ______ of the last will to _____________________________. 3. (CHECK ONE PARAGRAPH ONLY:) The decedent’s exemption from creditors’ claims has inured under Article X, §4(b), of the surviving spouse the Florida Constitution to a person who is and the Property is not subject to the claims of creditors of this estate and the personal representative is not entitled to possession of the Property. the surviving spouse Title to decedent’s homestead has passed to a person who is and the Property is an asset in the hands of the personal representative for payment of creditors' claims and other proper purposes of administration and the personal representative is entitled to possession of the Property. IT IS ADJUDGED that the Property as described above was the decedent’s homestead, that title to the Property passed, and the creditors’ rights as to such Property are as provided above under CONCLUSIONS OF LAW. ORDERED at _________________________________ Florida, on ________________, 20___. ___________________________________________ Circuit Judge A conformed copy of this order furnished to: American LegalNet, Inc. www.FormsWorkflow.com