Checklist For Petition To Determine Homestead

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA PROBATE DIVISION CHECKLIST FOR PETITION TO DETERMINE HOMESTEAD 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 Petition , I intend to pursue this P etition on ex - parte, motion, or special set calendar. OR At the time of filing this Petition , I intend to have this P etition submitted to the Judge without a hearing. CASE NUMBER: PRC - - In Re Estate of: The Petition is verified and signed by the P etitioner . The Petition includes decedent222s date of death. The Petition contains a l egal description of the property ( a street address is in sufficient) . The Petition l ist s the s urviving spouse and the surviving lineal descendants , with the date of birth of any minor heirs . OR The h omestead property was not validly devised by will, or the decedent died intestate, and the following has occurred: There are descendants of the decedent and the surviving spouse is electing a life estate. There are descendants of the decedent and the surviving spouse is electing to take the homestead interest as a tenant in common within 6 months of the decedent222s death, or within the 30 day extension period, and during the surviving spouse222s lifetime. There are descendants of the decedent, but no surviving spouse. There is a surviving spouse, but no descendants of the decedent. OR The homestead property is validly devised to the proposed recipients(s). The Petitioner served formal notice of the Petition to Determine Homestead on all outstanding c reditors , if any. The publication period for the n otice to c reditors has expired 1 OR A notice to creditors is not required for this estate. The proposed o rder reflect s title passing to the correct beneficiaries . 1 No orders will be issued prior to the expiration of the creditors222 claim period. American LegalNet, Inc. www.FormsWorkFlow.com The proposed o rder describes the real property and determines whether any of the real property constitutes the protected homestead of the decedent and directs the personal representative / debtors of the decedent to surrender the homestead property . Consents to the P etition have been filed from each h omestead beneficiary , or the Petitioner has served formal notice of the Petition on each homestead beneficiary and filed a certificate that shows proper service. The signature page of the p roposed o rder contains at least four (4) lines of text and has the case number on it . 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 to Determine Homestead. 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 CERTIFICATION B: The undersigned Petitioner (print name) /Attorney (print name) certifies that he/she has reviewed the information necessary to support the Petition to Determine Homestead. 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: American LegalNet, Inc. www.FormsWorkFlow.com . 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 American LegalNet, Inc. www.FormsWorkFlow.com