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FLORIDA
SUMMARY ADMINISTRATION
Title XLII, Chapter 735, Florida Statutes
Control Number: FL-ET30
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Introduction
- 1 -
FL -ET30
F.S.A. Sections 735.201 – 735.206
INSTRUCTIONS
Florida law provides for several alternate abbreviated procedures other than the formal
administration process.
“Summary Administration” is generally available only if the value of the estate subject to
probate in Florida (less property which is exempt from the claims of creditors; for example,
homestead real property in many circumstances) is not more than $75,000, and if the decedent’s
debts are paid, or the creditors do not object. Those who receive the estate assets in a summary
administration generally remain liable for claims against the decedent for two yea rs after the date
of death. Summary administration is also available if the decedent has been dead for more tha n
two years and there has been no prior administration.
Forms to be submitted to the Court:
1) Petition for Summary Administration;
2) Original Will - if decedent died testate;
3) Order Admitting Will to Probate – if appropriate;
4) Proof Funeral Expenses and Last Medical Expenses were paid;
5) Proof of Payment of Nursing Home Expenses incurred by decedent;
6) Death Certificate; and
7) Order of Summary Administration.
Steps: (1) If a Will is left by the Decedent, it must be deposited in the Office of the Clerk of
the Circuit Court within 10 days of receiving information that the person is
deceased.
(2) Prepare the Petition for Summary Administration and Order of Summary
Administration and file with the Clerk of the Circuit Court.
(3) A fee will be charged by the Clerk at the time the documents are filed. The
amount of the fee varies depending upon the county. The amount can be
determined by contacting the office of the Clerk of the Circuit Court prior to
filing the documents.
Introduction
- 2 -
(4)
A Hearing may or may not be held. You will be advised by the Clerk at the time
the documents are filed.
Petition for Summary Administration
- 1 -
IN THE CIRCUIT COURT IN AND FOR __________________ COUNTY, FLORIDA
IN RE THE ESTATE OF
__________________ PROBATE DIVISION
File Number:
Division:
Deceased.
PETITION FOR SUMMARY ADMINISTRATION
1. The Petitioner, ______________________________ alleges that
______________________________, a resident of __________________ County, whose last
four digits of his/her social security number were __________________ and whose last known
address was: ______________________________
Street Address
______________________________
City, State
______________________________
Zip Code
died on ______________________________ at ______________________________. The
decedent was domiciled in the state of ______________________________ and county of
______________________________. Due to the
decedent’ s last domicile decedent’s
debtor’s residence
location of decedent’s property, this court has venue under F.S 733.101.
Death Certificate attached
Dec edent’s Will was not deposited with the Clerk.
was deposited with the Clerk on __________________.
2. The Petitioner, ______________________________, whose address is:
______________________________
Street Address
______________________________
City, State
______________________________
Zip Code has the following interest in the estate of ______________________________ :
Petition for Summary Administration
- 2 -
____________________________________________________________.
(if applicable
) Petitioner’s attorney is ______________________________, whose address is:
______________________________
Street Address
______________________________
City, State
______________________________
Zip Code
3. Eligibility for Summary Administration a.
The Decedent died intestate and
(1) The value of the entire estate subject to administration in the State of
Florida, less the value of property exempt from the claims of creditors,
does not exceed $75,000.00; or
(2) The decedent has been dead for more than two (2) years.
(3) After the exercise of reasonable diligence each petitioner is unaware of
any unrevoked wills or codicils
b.
The Decedent died testate and:
(1) The decedent's will does not direct administration as required by chapter
733 and, either:
(2) The value of the entire estate subject to administration in the State of
Florida, less the value of property exempt from the claims of creditors,
does not exceed $75,000.00, or
(3) The decedent has been dead for more than two (2) years.
(4) The decedent's will does not direct administration as required by chapter
733, Florida Statutes.
(5) The following unrevoked wills and codicils are being presented for
probate, and the petitioner is unaware of any other unrevoked will or
codicil: __________________
4. Assets of the estate and their estimated values:
ASSET DESCRIPTION COMPLETE ASSET ADDRESS DOLLAR VALUE
Petition for Summary Administration
- 3 -
PROTECTED HOMESTEAD COMPLETE ASSET ADDRESS DOLLAR VALUE
AND EXEMPT PROPERTY
DESCRIPTION
__________________ __________________ __________________
__________________ __________________ __________________
__________________ __________________ __________________
5. Obligations and Expenses of the Estate:
Funeral and burial expenses (attach statement and/or receipts):
Type of service:
Services by:
Address:
Amount:
Paid/Due:
Last illness expenses (attach statement and/or receipts):
Type of service:
Services by:
Address:
Amount:
Paid/Due:
Type of service:
Services by:
Address:
Amount:
Paid/Due:
Type of service:
Services by:
Address:
Amount:
Paid/Due:
Type of service:
Petition for Summary Administration
- 4 -
Services by:
Address:
Amount:
Paid/Due:
Type of service:
Services by:
Address:
Amount:
Paid/Due:
Type of service:
Services by:
Address:
Amount:
Paid/Due:
A diligent search and reasonable inquiry for any known or reasonably ascertainable
creditors has been made and (check one below)
The estate is not indebted.
The following debts are due:
Creditor:
Address:
Nature of Debt
Amount Due: This is a estimated amount This is an exact amount
Amount Paid:
If provision for payment of the debt has been made other than for full payment in the proposed order of distribution:
Person Who Will Pay Debt: __________________
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 __________________
Petition for Summary Administration
- 5 -
Creditor:
Address:
Nature of Debt
Amount Due: This is a estimated amount This is an exact amount
Amount Paid:
If provision for payment of the debt has been made other than for full payment in the
proposed order of distribution:
Person Who Will Pay Debt: __________________
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 __________________
Creditor:
Address:
Nature of Debt
Amount Due: This is a estimated amount This is an exact amount
Amount Paid:
If provision for payment of the debt has been made other than for full payment in the proposed order of distribution:
Person Who Will Pay Debt: __________________
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 __________________
Creditor:
Petition for Summary Administration
- 6 -
Address:
Nature of Debt
Amount Due: This is a estimated amount This is an exact amount
Amount Paid:
If provision for payment of the debt has been made other than for full payment in the
proposed order of distribution:
Person Who Will Pay Debt: __________________
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 __________________
Creditor:
Address:
Nature of Debt
Amount Due: This is a estimated amount This is an exact amount
Amount Paid:
If provision for payment of the debt has been made other than for full payment in the proposed order of distribution:
Person Who Will Pay Debt: __________________
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 __________________
All creditors ascertained to have claims have been served with formal notice of this petition prior to the entry of the Order for Summary Administration.
All creditors claims are barred.
Petition for Summary Administration
- 7 -
6. Those Entitled to Distribution:
Surviving Spouse:
Address:
City:
State:
Zip code:
HEIRS, BENEFICIARIES OR CREDITORS:
Name
Address:
City:
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
Name
Address:
City:
Petition for Summary Administration
- 8 -
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship to decedent
DOB: (minors only)
Petition for Summary Administration
- 9 -
Name
Address:
City:
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
OTHER KNOWN SURVIVING HEIRS AND CREDITORS OF THE DECEDENT, OTHER
THAN THE ABOVE:
Name
Address:
City:
State:
Zip Code:
Relationship to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship to decedent
DOB: (minors only)
Petition for Summary Administration
- 10 -
Name
Address:
City:
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Petition for Summary Administration
- 11 -
Relationship
to decedent
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
Relationship
to decedent
DOB: (minors only)
7. Petitioner requests payment or distribution to:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
Petition for Summary Administration
- 12 -
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Petition for Summary Administration
- 13 -
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
8. I know of no other assets in the decedent’s name alone except:
____________________________________________________________.
I also acknowledge that neither the application, nor the granting of this Petition for
Summary Administration, in any way relieves me, or this Estate, of the possible obligat ion of
filing a State or Federal Tax Return.
No domiciliary or principal proceedings are pending in another state or country.
Domiciliary or principal proceedings are pending in another state or country.
Name and address of the foreign personal representative: __________________
Name and address of the court issuing letters: __________________
Under penalties of perjury, I/We declare that I/We have read the foregoing and the facts a lleged
are true, to the best of my/our knowledge and belief.
Date: __________________
Signature of Petitioner
__________________
Type or Print Name
____________________________________
Street Address
______________________________________
Petition for Summary Administration
- 14 -
City, State, Zip
______________________________________
(Area Code) Telephone No.
______________________________________
Relationship to Decedent
SUBMITTED BY:
This document was prepared by the following attorney:
______________________________________
[Typed or Printed Name]
________________________________________________
[Signature]
Firm Name ______________________________________
Address ______________________________________
Telephone Number( s) ______________________________________
Ema il address ______________________________________
Florida Number: ______________________________________
Counsel for ______________________________________
VERIFICATION
A. PETITIONER
STATE OF
COUNTY OF
I, the undersigned Petitioner, being sworn, state that I have read and understood the
Petition for Summary Administration in the above styled case; that the petition was f iled at my
request and direction; and that the allegations in the above petition are true and correct, to the
best of my knowledge, information and belief.
Date:
Name
Petition for Summary Administration
- 15 -
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the day of
__________________, 20 .
Notary Public
My commission expires: _______________
B.
STATE OF
COUNTY OF
I, the undersigned
Surviving Spouse Heir Beneficiary Creditor
(other, specify) , being sworn, state that I have read and understood
the Petition for Summary Administration in the above styled case; that the petition wa s filed at
my request and direction; and that the allegations in the above petition are true and correct, to the
best of my knowledge, information and belief.
Date:
Name
__________________
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the day of
_______________________, 20 .
Notary Public
My commission expires: ________________
C.
Petition for Summary Administration
- 16 -
STATE OF
COUNTY OF
I, the undersigned
Surviving Spouse Heir Beneficiary Creditor
(other, specify) __________________ , being sworn, state that I have read and understood the
Petition for Summary Administration in the above styled case; that the petition was f iled at my
request and direction; and that the allegations in the above petition are true and correct, to the
best of my knowledge, information and belief.
Date:
Name
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the day of
_____________________, 20 .
Notary Public
My commission expires:
D.
STATE OF
COUNTY OF
I, the undersigned
Surviving Spouse Heir Beneficiary Creditor
(other, specify) __________________, being sworn, state that I have read and understood the
Petition for Summary Administration in the above styled case; that the petition was f iled at my
request and direction; and that the allegations in the above petition are true and corr ect, to the
best of my knowledge, information and belief.
Date:
Name
Petition for Summary Administration
- 17 -
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the day of
________________, 20 .
Notary Public
My commission expires: __________________
E.
STATE OF
COUNTY OF
I, the undersigned
Surviving Spouse Heir Beneficiary Creditor
(other, specify) __________________, being sworn, state that I have read and understood the
Petition for Summary Administration in the above styled case; that the petition was f iled at my
request and direction; and that the allegations in the above petition are true and correct, to the
best of my knowledge, information and belief.
Date:
Name
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the day of
________________________, 20 .
Notary Public
My commission expires:
Petition for Summary Administration
- 18 -
F. Parent or Guardian
STATE OF
COUNTY OF
I, the undersigned
Surviving Spouse Heir Beneficiary Creditor
(other, specify) __________________, being sworn, state that I have read and understood the
Petition for Summary Administration in the above styled case; that the petition was f iled at my
request and direction; and that the allegations in the above petition are true and correct, to the
best of my knowledge, information and belief.
Date:
Name
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the day of
, 20 .
Notary Public
My commission expires:
Order Admitting Will to Probate
- 1 -
IN THE CIRCUIT COURT IN AND FOR __________________ COUNTY, FLORIDA
IN RE THE ESTATE OF
__________________ PROBATE DIVISION
File Number:
Division:
Deceased.
ORDER ADMITTING WILL TO PROBATE
The instrument presented to this court as the last will of ________________________,
deceased, having been executed in conformity with law, and made self-proved at the time of i ts
execution by the acknowledgment of the decedent and the affidavits of the witnesses, eac h made
before an officer authorized to administer oaths and evidenced by the officer's certificat e
attached to or following the will in the form required by law, and no objection having been made
to its probate, and the court finding that the decedent died on __________________, 20 ______,
it is
ADJUDGED that the will dated __________________, ______, and attested by
________________________ and ________________________ as subscribing and attesting
witnesses, is admitted to probate according to law as and for the last will of the decedent .
ORDERED on __________________, 20______.
CIRCUIT JUDGE
Order of Summary Administration
- 1 -
----------------------------------------
For recorder’s use---------------------------------------
IN THE CIRCUIT COURT IN AND FOR __________________ COUNTY, FLORIDA
IN RE THE ESTATE OF
__________________ PROBATE DIVISION
File Number:
Division:
Deceased.
ORDER OF SUMMARY ADMINISTRATION
This case came before the Court upon the Petition for Summary Administrati on, and the Court
being fully advised in the premises, it is ORDERED :
1. The Decedent, __________________ resident of __________________
County, whose last four digits of his/her social security number were __________________ and
whose last known address was:
Street Address
City, State
Zip Code
Died on:
Order of Summary Administration
- 2 -
2. The Decedent died
Intestate or
Testate and Decedent’s Will NOT WAS
deposited with the Clerk.
3. The Estate is eligible for Summary Administration because:
a.
The Decedent died intestate and
(1) The value of the entire estate subject to administration in the State of
Florida, less the value of property exempt from the claims of creditors,
does not exceed $75,000.00; or
(2) The decedent has been dead for more than two (2) years.
b.
The Decedent died testate and:
(1) The decedent's will does not direct administration as required by chapter
733. and, either:
(2) The value of the entire estate subject to administration in the State of
Florida, less the value of property exempt from the claims of creditors,
does not exceed $75,000.00, or
c.
The decedent has been dead for more than two (2) years.
d.
The decedent's will does not direct administration as required by chapter 733,
Florida Statutes.
4. Assets of the gross estate and their estimated values: Asset Description Estimated Value
5. The estate is not indebted or that provision for payment of debts has been made or the claims are barred.
6. Those entitled to distribution and the assets they are to receive:
Surviving Spouse:
Address:
Order of Summary Administration
- 3 -
City:
State:
Zip code:
Asset Description and value:
1.
2.
3.
4.
5.
6.
HEIRS, BENEFICIARIES OR CREDITORS:
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
Order of Summary Administration
- 4 -
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
Order of Summary Administration
- 5 -
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
ORDERED on:
_____________________________________
CIRCUIT JUDGE
Notice to Creditors
- 1 -
IN THE CIRCUIT COURT IN AND FOR __________________ COUNTY, FLORIDA
IN RE THE ESTATE OF
__________________ PROBATE DIVISION
File Number:
Division:
Deceased. NOTICE TO CREDITORS
Notice is hereby given that on the ____________ day of __________________, ______, the
Court entered an Order of Summary Administration of the above Estate. The total cash value of
the Estate was found to be ________________________________________________ ($ ____________) . The estate by order of the court was assigned to the following individuals in
the stated amounts:
SURVIVING SPOUSE:
Name:
Address:
City:
State:
Zip code:
Asset Description and value:
1.
2.
3.
4.
5.
6.
HEIRS, BENEFICIARIES OR CREDITORS:
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Notice to Creditors
- 2 -
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
Notice to Creditors
- 3 -
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Name:
Address:
City:
State:
Zip code:
Relationship to Decedent
Asset Description and value:
1.
2.
3.
4.
5.
6.
Notice to Creditors
- 4 -
All creditors having claims against the Estate are required to file their claims
, with
supporting documentation attached, with the Clerk of the Circuit Court,
County, , Florida, within
Ninety (90) days after the first publication of this Notice.
DATE:
_________________________________
Signature of Personal Representative
Print Name
Street Address
City, State
Zip Code
SUBMITTED BY:
This document was prepared by the following attorney:
______________________________________
[Typed or Printed Name]
________________________________________________
[Signature]
Firm Name ______________________________________
Address ______________________________________
Telephone Number(s) ______________________________________
Email address ______________________________________
Florida Number: ______________________________________
Counsel for ______________________________________
