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Checklist—Petition for Florida Summary Administration

Below is all of the information needed to file a Florida Petition for Summary Administration:


1. A statement of the interest of each petitioner, each petitioner's name and address, and the name and office address of each petitioner's attorney;

2. The name, last-known address, social security number, and date and place of death of the decedent, and the state and county of the decedent's domicile;

3. The names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the date of birth of any who are minors;

4. A statement showing venue;

5. A statement whether domiciliary or principal proceedings are pending in another state or country, and the name and address of the foreign personal representative and the court issuing letters;

6. A statement that the decedent's will, if any, does not direct administration as required by Chapter 733, Florida Statutes;

7. A statement that the value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than two years;

8. A description of all assets in the estate and the estimated value of each, and a separate description of any protected homestead and exempt property;

9. A statement either that all creditors' claims are barred or that a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:

A statement that the estate is not indebted.

The name and address of each creditor, the nature of the debt, the amount of the debt and whether the amount is estimated or exact, and when the debt is due. If provision for payment of the debt has been made other than for full payment in the proposed order of distribution, the following information must be included:


  The name of the person who will pay the debt.
  The creditor's written consent for substitution or assumption of the debt by another person.
  The amount to be paid if the debt has been compromised.
  The terms for payment and any limitations on the liability of the person paying the debt.

 

10. In an intestate estate, a statement that after the exercise of reasonable diligence each petitioner is unaware of any unrevoked wills or codicils;

11. In a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that each petitioner is unaware of any other unrevoked will or codicil; and

12. A schedule of proposed distribution of all probate assets and the person to whom each asset is to be distributed.

 

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