Fillable Form 1: IN THE CIRCUIT COURT OF THE (Florida)

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Form 1: IN THE CIRCUIT COURT OF THE (Florida)

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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
PROBATE DIVISION
CHECKLIST FOR PETITION FOR SUMMARY ANCILLARY ADMINISTRATION
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 “Certification
B.” 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 Petition on ex-parte, motion, or special
set calendar.
OR
At the time of filing this Petition, I intend to have this Petition submitted to the Judge without a
hearing.
CASE NUMBER: PRC - _____-___________ In Re Estate of: ____________________________
A copy of the decedent’s death certificate was filed.
The Petition includes a statement showing proper venue.
The Petition is verified.
The Petitioner has filed an Affidavit Regarding Criminal History
2
(form available on the
Seventeenth Judicial Circuit Court’s website).
OR
The Petitioner submitted proof of payment of the decedent reasonable and necessary medical
bills for the last 60 days of the decedent’s last illness.
3
OR
If there are no such expenses, Petitioner has stated so in the Petition.
The Petitioner submitted proof of payment of the decedent’s reasonable funeral expenses.
4
OR
This is an intestate estate and the Petitioner has filed an Affidavit of Heirs (form available on
the Seventeenth Judicial Circuit’s Webpage).
OR
This is a testate estate.
The Petition includes: (a) the name and address of the decedent’s surviving spouse, if any; (b)
the names and addresses of the decedent’s beneficiaries and their relationship to the decedent.
1
Please note that Judge Speiser requires a hearing in all pro se petitions for summary administration.
2
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.
3
Not required if the decedent has been dead for more than 2 years.
4
Not required if the decedent has been dead for more than 2 years.
Page 1 of 4
If any beneficiary is a minor, the year of birth is included.
OR
All beneficiaries have received formal notice of the Petition and the proposed distribution;
OR
The Petitioner has filed consents from all the beneficiaries.
The Petition includes a statement describing the domiciliary or principal proceedings from
another state or country, if known, and the name and address of the foreign personal
representative and the court issuing letters.
The Petition demonstrates the eligibility for summary administration, (i.e., the decedent died
over 2 years ago or the value of the estate, less exempt property, does not exceed $75,000).
The Petitioner is a beneficiary or a person nominated as personal representative in the
decedent’s foreign will offered for probate.
The Petition 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.).
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 creditors’ 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 formal notice of
the Petition was served on the outstanding creditors.
The Petitioner filed authenticated copies, as defined in 28 U.S.C. 1738, of the domiciliary
proceedings. If testate, the authenticated copies of the domiciliary foreign proceeding include a
petition for probate, an order admitting the will and/or codicils to probate, and the authority of
the personal representative(s). For intestate proceedings, the authenticated copies include the
domiciliary foreign petition for administration and the authority of the personal representative
to act.
The proposed summary order includes the correct distribution of assets (e.g., name and address
of the financial institution and the associated account number(s), legal property description,
etc.)
Proposed orders were submitted, and:
Page 2 of 4
The decedent died testate, and a proposed order admitting will of non-resident to
probate was filed, or the proposed order of summary administration includes language
admitting the will of non-resident to probate;
OR
The decedent died intestate, and no order admitting will to probate is needed.
The signature page of the proposed order(s) contains at least four (4) lines of text and has the
case number on it.
OR
A trust is not a beneficiary of the decedent.
OR
If a trust of the decedent is a beneficiary of the will offered for probate:
Every trustee of the decedent’s trust is also a Petitioner for summary
administration, and the Petitioners filed a disclosure of qualified trust beneficiaries and
served each qualified beneficiary of the trust formal notice of the Petition.
OR
At least one trustee of the decedent’s trust is not a Petitioner for summary
administration.
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 Ancillary Administration. 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.
Petitioner’s signature: ______________________________________
Signed on: ________________, 20______
OR
Attorney’s signature: ______________________________________
Signed on: ________________, 20______
Page 3 of 4
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 Ancillary Administration. 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.
Petitioner’s signature: ______________________________________
Signed on:
________________, 20______
OR
Attorney’s signature
: ______________________________________
Signed on:
________________, 20______
Page 4 of 4
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Form 1: IN THE CIRCUIT COURT OF THE (Florida)

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Completed 15 February 2022

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