The property owner is deceased and the executor is trying to demolish the house. Who would I list as the owner on the notice of commencement and who would be the one signing it?
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Nov 5, 2019
Florida's Notice of Commencement requirements are set out by Fla. Stat. § 713.13. That section states that the Notice of Commencement must include "The name and address of the owner, the owner’s interest in the site of the improvement, and the name and address of the fee simple titleholder, if other than such owner."
That sounds a little confusing at first glance, but taking a deeper look into who's considered an "owner" can be helpful.
Who's considered an "owner" on a Florida construction project?
§ 713.01(23) defines an owner as "a person who is the owner of any legal or equitable interest in real property, which interest can be sold by legal process, and who enters into a contract for the improvement of the real property. "
Since an executor of a will may sell property, and where an executor enters into a contract for the improvement of project property, it would seem that the executor could be considered an "owner" for the purposes of a Florida Notice of Commencement.
A Florida Notice of Commencement must list the fee owner of the property
As mentioned in the first section above, even if someone other than the fee owner of the property is listed as an owner on a Florida Notice of Commencement, that notice must still include the name of the owner who's got title to the property. And, that would seemingly hold true even where the fee owner has passed away as long as the title is still in their name.