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Florida Petition for Ancillary Summary Administration (testate nonresident decedent)

IN THE CIRCUIT COURT FOR BROWARD COUNTY, FLORIDA   

PROBATE DIVISION   
       
IN RE: ESTATE OF       
       
File No.    
       
Division    
Deceased.       
       
PETITION FOR ANCILLARY SUMMARY ADMINISTRATION   
(testate nonresident decedent)   
       
Petitioners allege:


1. Petitioners have an interest in the above estate as . Their names and addresses are set forth in paragraph 3 and the name and office address of their attorney are set forth at the end of this petition.

2. Decedent, , whose last known address was , and, if known, whose age was and whose social security number is , died on , , at , and on the date of death, decedent was domiciled in .

3. As far as is known, the names of the beneficiaries of this estate and of decedent's surviving spouse, if any, their addresses and relationships to decedent, and the dates of birth of any who are minors, are:


NAME    ADDRESS    RELATIONSHIP    BIRTH DATE [IF MINOR]
           
           
           
           
4. Venue of this proceeding is in this county because .

5. Domiciliary probate proceedings (are) (are not) known to be pending in another state or country. Letters have been issued by the address of which is to whose address is .

6. An authenticated copy of the decedent's last will, dated , , and an authenticated copy of so much of the domiciliary proceedings as is required by Fla. Prob. R. 5.470 accompany this petition.

7. Petitioners are entitled to summary administration because:

[Strike out each statement that is not applicable.]
a. Decedent's will does not direct administration as required by Chapter 733 of the Florida Probate Code.
b. To the best knowledge of the petitioners, the value of the entire estate subject to administration in this state does not exceed $75,000.
c. The decedent has been dead for more than two years.

 

8. The following is a complete list of the assets in this estate and their estimated values:
Assets    Estimated Value
       
9. With respect to claims of creditors: [Strike out each statement that is not applicable.]

a. All claims of creditors are barred.
b. Petitioners have made diligent search and reasonable inquiry for any known or reasonably ascertainable creditors.
c. The estate is not indebted.
d. The estate is indebted and provision for the payment of debts and the information required by Section 735.206 of the Florida Probate Code and Fla. Prob. R. 5.530 is as set forth on the attached schedule.
e. All creditors ascertained to have claims will be served with a copy of this petition prior to the entry of the Order of Summary Administration.


Petitioners acknowledge that any known or reasonably ascertainable creditor who did not receive timely notice of this petition and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney's fees as an element of costs against those who joined in the petition.

10. It is proposed that all assets of the decedent be distributed to the following:
Name    Asset, Share or Amount
   
Petitioners waive notice of hearing on this petition and request that the decedent's last will be admitted to probate and an order of summary administration be entered directing distribution of the assets in the estate in accordance with the schedule set forth in paragraph 10 of this petition.

Under penalties of perjury, we declare that we have read the foregoing, and the facts alleged are true, to the best of our knowledge and belief.

Signed on _____ day of March , 20____.

Petitioner:


______________________________
KENNETH MYICK


Attorney For Petitioner:
S. CHIN, P.A.
3421 East 34th Avenue
Suite # 200
Pompano Beach, Florida 333309
Tel: (954) 955-4300

By: _____________________________
      S. CHIN, ESQ.
       Fl. Bar No.: 44397

 

This is a sample document and should not be used or relied upon in any probate matter.  This document is for illustrative purposes only.  We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique.



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