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8 verbatim mandatory provisions from 21-35-b.
Eighteenth Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• PROBATE & GUARDIANSHIP – PETITIONS TO SELL REAL PROPERTY _____________________________________________________________________________________ Whereas, section 744.361, Florida Statutes, requires that a guardian shall act in good faith, shall act in the Ward’s best interests, and protect and preserve the property of a Ward. • Whereas, section 744.447, Florida Statutes, requires the filing of a petition requesting authorization to act under section 744.441, which shall include: 1. • Whereas, section 733.613, Florida Statutes, authorizes a Personal Representative of an intestate estate, or whose testator has not conferred a power of sale or whose testator has granted a power of sale but the power is so limited by the will or by operation of law that it cannot be conveniently exercised, shall consider that it is for the best interest of the estate and of those interested in it that real property be sold, the Personal Representative may sell it at public or private sale. • It is hereby ORDERED and ADJUDGED that all petitions to sell real property shall be completed and shall include the following: 1. • Acknowledgment that an appraisal of the real property was performed within 60 days of the filing of the petition to sell real property. • When a listing agreement is entered into, the real property shall be publicly listed for sale on the Multiple Listing Service (“MLS”); and 3. • The petitioner shall disclose any relationship or conflicts of interests, both familial and business related, between any of the following individuals or entities involved in the transaction to sell the Decedent’s real property: seller, seller’s agent, buyer, buyer’s agent Guardian or Personal Representative. • The Petitioner or Guardian may seek leave of Court to depart from the requirements of paragraph 1 and/or 2 for good cause shown prior to or at the time of filing any petition to sell real property.
PROBATE & GUARDIANSHIP – PETITIONS TO SELL REAL PROPERTY _____________________________________________________________________________________ Whereas, section 744.361, Florida Statutes, requires that a guardian shall act in good faith, shall act in the Ward’s best interests, and protect and preserve the property of a Ward.
Reviewer note: Document sha256: dd02e9aa4183a062906a383352ea34047da2dd3081e50be944d135a8d3c2442e (145289 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it. | Scope corrected 2026-08-03: the 18th numbers county-specific orders with -b (Brevard) and -s (Seminole); unsuffixed orders are circuit-wide. This rule was bulk-tagged to one county at harvest; the court's own numbering convention now controls. Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. [moved from the text 2026-09-14]
1 verbatim requirement on discovery in DANIEL J. KANNER's division.
1 verbatim requirement on discovery in BETSY BENSON's division.
1 verbatim requirement on discovery.