Serving ZIP Codes: All Florida ZIP Codes (32003 - 34997) · All 25 Florida Medical Examiner Districts (Rule 11G-2, F.A.C. & Fla. Stat. Ch. 406)
Fiduciary Duty to Preserve Estate Real Property (Fla. Stat. § 733.607 & § 733.608) & Real Estate Disclosure Law
Under Florida Statute § 733.607 and § 733.608, a Personal Representative has the right and duty to take possession or control of the decedent's property and take all steps reasonably necessary for its management, protection, and preservation. While Florida Statute § 689.25 states that a death on a property is not by itself a material fact required to be disclosed in a real estate transaction, existing physical damage, residual biological contamination in subfloors or concrete slabs, and latent decomposition odors ARE material physical defects under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).
Attempting to paint over bio-stained drywall or lay new flooring directly on top of a biologically contaminated concrete slab exposes the estate and Personal Representative to post-closing buyer claims and kills full-market-value offers during the buyer inspection period:
Every probate remediation completed by 007 Alpha BioClean, LLC delivers a court-ready and title-ready compliance binder containing: (1) Florida Department of Health Biomedical Waste Manifest (Permit #8043) proving all regulated biological waste was lawfully removed and incinerated under Rule 64E-16, F.A.C.; (2) ANSI/IICRC S540 Structural Remediation Report detailing subfloor, slab, drywall, and HVAC decontamination; and (3) Quantitative ATP Bioluminescence Certificate of Clearance (< 10 RLU) providing objective scientific proof to buyers, home inspectors, and condo boards that the residence is 100% biologically safe and odor-free.
- File the HO-3 / HO-6 Claim Before Canceling the Decedent's Policy: Probate attorneys and executors should never cancel or let lapse the decedent's homeowners insurance policy before remediating the death scene; the date of loss occurred while the policy was active, entitling the estate to direct Xactimate coverage.
- Pre-Probate Emergency Stabilization Before Letters of Administration Issue: Under Fla. Stat. § 733.601, acts performed in good faith prior to formal appointment to preserve the estate relate back upon issuance of Letters of Administration - allowing next of kin to stop ongoing biological damage immediately.
• Medical Examiner Jurisdiction: All 25 Florida Medical Examiner Districts (Rule 11G-2, F.A.C. & Fla. Stat. Ch. 406)
• Law Enforcement Agencies: All 67 Florida County Sheriffs & Municipal Police Departments
Note: For active medical or police emergencies, always dial 911. Once the scene is released to the family, condo association, or estate, call 007 Alpha BioClean at (954) 667-5595 or (813) 893-2662 for immediate unmarked remediation.
Florida Probate Estate Biohazard & Insurance Resolution Matrix (All 20 Judicial Circuits)
We partner with Florida Probate Attorneys, Professional Fiduciaries, Trust Officers, and Probate Real Estate Brokers statewide, billing active HO-3, HO-6, and DP-3 estate policies (State Farm, Citizens, Universal Property & Casualty, Tower Hill, Slide, USAA, and Allstate) directly via Xactimate.
| Probate Administration Stage | Legal & Property Risk | 007 Alpha BioClean Probate Solution |
|---|---|---|
| First 72 Hours Post-Scene Release Prior to Letters of Administration |
Biological fluids penetrate concrete slabs and HVAC ductwork; condo boards invoke Fla. Stat. § 718.111(5) emergency entry. | Immediate 60-minute unmarked containment and surgical extraction under Fla. Stat. § 733.601 estate preservation authority, billed to the decedent's active HO-3 / HO-6 policy. |
| Estate Inventory & Heirloom Recovery Fla. Stat. § 733.604 Inventory Duty |
Original Wills, stock certificates, deeds, firearms, and jewelry are trapped inside a bio-contaminated residence. | PPE-protected forensic search, clinical decontamination of non-porous estate assets, and photographic inventory delivery to the Personal Representative and probate counsel. |
| Real Estate Listing & Closing Preventing Buyer Inspection Walkaways |
Home inspectors or buyers detect residual odor, subfloor staining, or unpermitted cleanup and demand deep price cuts. | Delivery of our signed FL DOH #18-64-3083847 / #8043 Certificate of Biological Clearance (< 10 RLU ATP verification) and waste manifest for the real estate disclosure file. |
Frequently Asked Questions: All 67 Florida Counties, FL Biohazard & Unattended Death Cleanup
Does a Florida estate have to disclose an unattended death when selling a house in probate?
Under Florida Statute 689.25, the fact that a death occurred on a property is not a required disclosure. However, under Johnson v. Davis, any un-remediated physical damage, biological contamination inside subfloors or concrete slabs, or persistent decomposition odor is a latent physical defect that must be remediated or disclosed. Obtaining our FL DOH #8043 Certificate of Biological Clearance (< 10 RLU ATP) proves the physical defect has been completely eliminated.
Can we start biohazard cleanup on a Florida home before the Probate Court issues Letters of Administration?
Yes. Under Florida Statute 733.601, powers and duties of a Personal Representative relate back in time to give acts by the person appointed that are beneficial to the estate the same effect as those occurring after appointment. Emergency biohazard remediation to stop structural slab damage and odor penetration is a classic act of estate preservation, and we bill the decedent's HO-3 or HO-6 policy directly.
Does the decedent's Florida homeowners insurance policy still cover unattended death cleanup after they pass away?
Yes. Because the unattended death or acute medical event occurred while the decedent's HO-3 or HO-6 policy was in force, the resulting biological and odor damage is a covered claim on that policy for the benefit of the estate. Our insurance desk handles the claim filing and Xactimate documentation directly with the adjuster.
Verify Insurance Coverage & Request Unmarked Dispatch
Enter the 3 required fields below (Name, Phone Number, and Property Address). Our licensed Florida claims desk (FL DOH Permit #18-64-3083847 / #8043) will verify your policy coverage and coordinate direct carrier billing with zero upfront retainer for covered claims:
What Every All 67 Florida Counties Remediation File Includes
- 60-Minute Unmarked Arrival: Plain white vehicles with zero biohazard signage to protect family and HOA privacy.
- OSHA 29 CFR 1910.1030 & ANSI/IICRC S540 Compliance: Full bloodborne pathogen containment, HEPA negative-air scrubbing, and porous subfloor/drywall extraction.
- FL DOH Permit #18-64-3083847 / #8043 Manifest: Official chain-of-custody biomedical waste packaging, transport, and licensed incineration under Rule 64E-16, F.A.C.
- Quantitative ATP Bioluminescence Clearance (< 10 RLU): Signed Certificate of Biological & Odor Clearance accepted by Florida insurance carriers, condominium associations, and probate real estate closings.