Miami-Dade Florida Affidavit That There Are No Creditors

Category:

Affidavits - Debts

State:

Multi-State

County:

Miami-Dade

Control #:

US-02806BG

Format:

Instant download

Description

This form is an example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction. Miami-Dade Florida Affidavit That There Are No Creditors is a legal document filed by an individual or business entity residing in Miami-Dade County, Florida. This affidavit is used to declare under oath that the individual or entity has no outstanding debts or liabilities owed to any creditors within the jurisdiction of Miami-Dade County. By filing this affidavit, the individual or entity is providing a formal statement, attesting that they have no outstanding financial obligations. The Miami-Dade Florida Affidavit That There Are No Creditors carries significant legal implications. It is a declaration made in the presence of a notary public, ensuring its authenticity and legality. This document is often needed when providing proof of financial solvency, especially in cases such as estate settlement, mortgage loan applications, business transactions, or when an individual is declared bankrupt. Within the realm of Miami-Dade Florida Affidavit That There Are No Creditors, there can be different types based on specific situations or legal requirements. Some common types of affidavits include: 1. Individual Affidavit: This type of affidavit is filed by an individual to declare that they have no creditors within Miami-Dade County, Florida. 2. Business Entity Affidavit: This affidavit is filed by a business entity, such as a corporation, partnership, or Limited Liability Company (LLC). It attests that the business has no creditors within Miami-Dade County. 3. Estate Affidavit: An estate affidavit is filed in cases of probate, where the executor or personal representative of an estate declares that the deceased's estate has no outstanding debts owed to creditors in Miami-Dade County, Florida. 4. Bankruptcy Affidavit: In situations where an individual or business goes through bankruptcy proceedings, a bankruptcy affidavit may be required to assert that there are no remaining creditors in Miami-Dade County. 5. Mortgage Affidavit: When applying for a mortgage or loan, a mortgage affidavit may be necessary to assert that the applicant has no outstanding creditors in Miami-Dade County, Florida. 6. Judgment Affidavit: This affidavit is used to confirm that an individual or business doesn't have any outstanding debts owed as a result of a court judgment within Miami-Dade County. It is important to consult with a legal professional or attorney specializing in Miami-Dade County laws to determine the specific type of affidavit required and to ensure the accurate completion and filing of the document.

Miami-Dade Florida Affidavit That There Are No Creditors is a legal document filed by an individual or business entity residing in Miami-Dade County, Florida. This affidavit is used to declare under oath that the individual or entity has no outstanding debts or liabilities owed to any creditors within the jurisdiction of Miami-Dade County. By filing this affidavit, the individual or entity is providing a formal statement, attesting that they have no outstanding financial obligations. The Miami-Dade Florida Affidavit That There Are No Creditors carries significant legal implications. It is a declaration made in the presence of a notary public, ensuring its authenticity and legality. This document is often needed when providing proof of financial solvency, especially in cases such as estate settlement, mortgage loan applications, business transactions, or when an individual is declared bankrupt. Within the realm of Miami-Dade Florida Affidavit That There Are No Creditors, there can be different types based on specific situations or legal requirements. Some common types of affidavits include: 1. Individual Affidavit: This type of affidavit is filed by an individual to declare that they have no creditors within Miami-Dade County, Florida. 2. Business Entity Affidavit: This affidavit is filed by a business entity, such as a corporation, partnership, or Limited Liability Company (LLC). It attests that the business has no creditors within Miami-Dade County. 3. Estate Affidavit: An estate affidavit is filed in cases of probate, where the executor or personal representative of an estate declares that the deceased's estate has no outstanding debts owed to creditors in Miami-Dade County, Florida. 4. Bankruptcy Affidavit: In situations where an individual or business goes through bankruptcy proceedings, a bankruptcy affidavit may be required to assert that there are no remaining creditors in Miami-Dade County. 5. Mortgage Affidavit: When applying for a mortgage or loan, a mortgage affidavit may be necessary to assert that the applicant has no outstanding creditors in Miami-Dade County, Florida. 6. Judgment Affidavit: This affidavit is used to confirm that an individual or business doesn't have any outstanding debts owed as a result of a court judgment within Miami-Dade County. It is important to consult with a legal professional or attorney specializing in Miami-Dade County laws to determine the specific type of affidavit required and to ensure the accurate completion and filing of the document.

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FAQ

Unfortunately, Florida does not have a small estate affidavit process, with one exception, which means the family will more than likely need to consult a probate attorney to help gain control of the assets.

A Florida homestead is not subject to probate. Probate proceedings involve only assets subject to creditor claims. The Florida homestead is exempt from creditors, so it is not part of the probate estate.

This form is to allow the Executor(s)/Next of Kin to transfer shares from a person who has passed away into their name(s) and provides information in regards to how the shares can be sold.

The proposed order describes the real property and determines whether any of the real property constitutes the protected homestead of the decedent and directs the personal representative/debtors of the decedent to surrender the homestead property.

Letters of administration are a legal documents, issued by a probate judge, that appoint a Florida personal representative to act on behalf of Florida probate estates. Letters of administration are issued as part of formal administration.

When the Court enters an Order Determining Homestead Status of Real Property the property to be a protected homestead no longer becomes a concern of the probate court and is then protected from unsecured creditors.

Florida Statute 732.401. If there is no surviving spouse but there are descendants, the descendants inherit the entire homestead. If there are no descendants or surviving spouse, the entire property passes under Florida laws of intestacy if there is no will.

Look on the probate court site for the county the decedent lived in or you can go to the court to obtain a copy.

First, we must define what is homestead. Homestead is real property, of no more than 160 contiguous acres outside a municipality, or no more than one-half of an acre of contiguous land in a municipality, owned by a natural person, and the improvements on it.

Florida has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

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According to a court record, the Miami-Dade court is dismissing a foreclosure suit in response to the plaintiff losing her job and falling behind on rent -- she had filed for the foreclosure in a Florida court just three months prior -- even though she signed a deed of trust agreement that she intended to serve as collateral for it. From the Miami Herald: The lawsuit claimed that Miami-Dade Judge Jorge Large violated state law earlier this year, when he signed a deed of trust agreement without examining the plaintiff's deed. The judge, who was also a trustee on the mortgage and said he had never received an appraisal of the home from the bank to assess its value, signed the document even though the property had been listed on the deed as a collateral for a Florida foreclosure, according to the suit. The county's attorney said there were no issues with the agreement.

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The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

Miami-Dade Florida Affidavit That There Are No Creditors

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Does Florida have a small estate affidavit?

Does homestead property have to go through probate in Florida?

What is a small estates form?

What does petition to determine homestead status of real property mean?

What are letters of administration in Florida?

What happens after order to determine homestead?

Who inherits a homestead in Florida?

Where can I get a small estate affidavit form from Florida?

How do you determine homestead?

How do I settle a small estate in Florida?

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