Fill and Sign the Summary Administration Form

© 2019 - U.S. Legal Forms, Inc. FLORIDA SUMMARY ADMINISTRATION Title XLII, Chapter 735, Florida Statutes Control Number: FL-ET30 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 years after the date of death. Summary administration is also available if the decedent has been dead for more than 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. (4) A Hearing may or may not be held. You will be advised by the Clerk at the time the documents are filed. Introduction - 1 - Introduction - 2 - 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 Decedent’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 - 1 - ____________________________________________________________ . (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 - 2 - 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:       Services by:       Petition for Summary Administration - 3 - 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 __________________ Creditor:       Petition for Summary Administration - 4 - 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:       Address:       Nature of Debt       Amount Due:       This is a estimated amount This is an exact amount Amount Paid:       Petition for Summary Administration - 5 - 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. 6. Those Entitled to Distribution: Surviving Spouse:       Address:       City:       Petition for Summary Administration - 6 - 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:       State:       Zip Code:       Relationship to decedent       DOB: (minors only)       Name       Address:       Petition for Summary Administration - 7 - 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:       Relationship to decedent       DOB: (minors only)       Petition for Summary Administration - 8 - 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)       Name       Address:       City:       State:       Zip Code:       Relationship to decedent       DOB: (minors only)       Name       Address:       City:       Petition for Summary Administration - 9 - 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 - 10 - 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:       City:       State:       Zip Code:       Asset Description and Value:       Name       Address:       City:       State:       Zip Code:       Asset Description and Value:       Name       Address:       City:       Petition for Summary Administration - 11 - 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:       8. I know of no other assets in the decedent’s name alone except: ____________________________________________________________ . Petition for Summary Administration - 12 - 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 obligation 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 alleged are true, to the best of my/our knowledge and belief. Date: __________________ Signature of Petitioner __________________ Type or Print Name ____________________________________ Street Address ______________________________________ 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 ______________________________________ Petition for Summary Administration - 13 - Address ______________________________________ Telephone Number(s) ______________________________________ Email 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 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: _______________ 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 was 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:       Petition for Summary Administration - 14 - Name __________________ Type or Print Name ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the       day of _______________________ , 20       . Notary Public My commission expires: ________________ C. 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 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 Petition for Summary Administration - 15 - 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 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: __________________ 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 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:       Petition for Summary Administration - 16 - Name       Type or Print Name ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the       day of ________________________ , 20       . Notary Public My commission expires:       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 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:       Petition for Summary Administration - 17 - Petition for Summary Administration - 18 - 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 its execution by the acknowledgment of the decedent and the affidavits of the witnesses, each made before an officer authorized to administer oaths and evidenced by the officer's certificate 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 Admitting Will to Probate - 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 Administration, 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 - 1 - 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:       City:       Order of Summary Administration - 1 - 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.       6.       Order of Summary Administration - 2 - 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.       2.       3.       4.       5.       Order of Summary Administration - 3 - 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 Order of Summary Administration - 4 - 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       Asset Description and value:       1.       Notice to Creditors - 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:       State:       Zip code:       Relationship to Decedent       Asset Description and value:       Notice to Creditors - 2 - 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.       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:       Notice to Creditors - 3 - _________________________________ 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 ______________________________________ Notice to Creditors - 4 -