Checklist For Petition For Summary Administration Of Intestate Estate

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA PROBATE DIVISION CHECKLIST FOR PETITION FOR SUMMARY ADMINISTRATION OF INTESTATE ESTATE 1 This Checklist must be completed and e-filed with your Petition. Review and sign the applicable certification clause at the end of the checklist prior to submitting it with your Petition. If any of the items below are not checked, please complete 223Certification B.224 Completing and e-filing this Checklist does not obviate any additional obligations imposed by rule or statute . HEARING: At the time of filing this P etition, I intend to pursue this P etition on ex - parte, motion, or special set calendar. OR At the time of filing this P etition, I intend to have this P etition submitted to the Judge without a hearing. CASE NUMBER: PRC - - In Re Estate of: A c opy of the d ecedent222s death certificate was filed. OR The Petitioner sub mitted proof of payment of the d ecedent 222s reasonable and necessary medical bills from the last 60 days of the decedent222s last illness. 2 OR If there are no such expenses, Petitioner has stated so in the Petition. The Petitioner sub mitted proof of payment of the d ecedent222s reasonable funeral expenses. 3 The Petitioner filed an Affidavit Regarding Criminal History 4 (form available on the Seventeenth Judicial Circuit222s Webpage). The Petitioner filed an Affidavit of Heirs (form available on the Seventeenth Judicial Circuit222s Webpage). The Petition includes a statement showing venue. 1 Please note that Judge Speiser requires a hearing in all pro se petitions for summary administration. 2 Not required if the decedent has been dead for more than 2 years. 3 Not required if the decedent has been dead for more than 2 years. 4 Please note that trust companies, banks, as well as other qualified corporations identified in section 733.305, Florida Statutes, are not required to file this affidavit. Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Th e Petition includes a statement specifying whether there are domiciliary or principal proceedings from another state or country. The Petition demonstrates the eligibility for summ ary administration, (i.e., the d ecedent died over 2 years ago or the value of the estate, less exempt property, does not exceed $75,000). The Peti tioner is a beneficiary of the e state . The Petition includes : ( a) the name and address of the d ecedent222s surviving spouse ( if any ); (b) the names and addresses of the beneficiaries and their relationship to the decedent. If any beneficiary is a minor, the year of birth is included. The Petition states that, after a reasonably diligent search, the P etitioner is unaware of any unrevoked wills or codicils. The Peti tion specifically describes the assets to be distributed, and includes values for each asset (e.g., name and address of the financial institution and the associated account number(s), legal property descriptions, etc.). OR All intestate beneficiaries have received formal notice of the Petition and the proposed distribution; OR The Petitioner has filed consents from all the intestate beneficiaries. The Petition states that a diligent search for creditors was conducted and acknowledges the penalty for failing to make a diligent search. OR No claims have been filed against the estate. OR If claims have been filed against the estate: The creditor222s claims have been stricken, or are otherwise barred by statute; OR Provision for payment of outstanding debt has been made to the extent that assets are available; OR There are insufficient assets to satisfy the outstanding claims, and notice of the Petition was served on the outstanding creditors. The proposed order includes a correct distribution of assets under the laws governing intestacy. The signature page of the p roposed o rder contains at least four (4) lines of text and has the case number on it. Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com OR The estate does not contain real property of the decedent. OR The estate contains real property of the decedent, and: The Petitioner is claiming the decedent222s real property is homestead, and a Petition to Determine Homestead has been filed; OR The Petitioner is not claiming homestead protection for the real property. Please complete the Certification that applies to your filing (either Certification A or Certification B). If Petitioner is represented by counsel, only counsel must complete the applicable Certification Clause. If Petitioner is pro se then the applicable Certification must be completed by Petitioner. CERTIFICATION A: The undersigned Petitioner (print name) /Attorney (print name) certifies that he/she has reviewed the information necessary to support the Petition for Summary Administration of Intestate Estate. The Petitioner / Attorney further certifies that all the required information was previously filed or filed concurrently with the Petition. The Petitioner / Attorney acknowledges that the Petition will not be reviewed by Court staff until the necessary information has been accepted into the e-filing system. The Petitioner / Attorney further acknowledges that a hearing may be required to process the Petition. Petitioner222s signature: Signed on: , 20 OR Attorney222s signature: Signed on: , 20 Page 3 of 4 American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATION B : The undersigned Petitioner (print name) /Attorney (print name) certifies that he/she has reviewed the information necessary to support the Petition for Summary Administration of Intestate Estate. The Petitioner / Attorney certifies that, after a diligent search and reasonable effort, the Petitioner / Attorney was unable to submit the following information for the following reasons: . T he Petitioner / Attorney acknowledges that a hearing may be required concerning the deficiency. Petitioner222s signature : Signed on: , 20 OR Attorney222s signature : Signed on: , 20 Page 4 of 4 American LegalNet, Inc. www.FormsWorkFlow.com