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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL (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 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 “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: ____________________________
The Petition is verified and signed by the Petitioner.
The Petition includes decedent’s date of death.
The Petition contains a legal description of the property (a street address is insufficient).
The Petition lists the surviving spouse and the surviving lineal descendants, with the date of
birth of any minor heirs.
OR
The homestead 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 decedent’s death,
or within the 30 day extension period, and during the surviving spouse’s 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
creditors, if any.
The publication period for the notice to creditors has expired
1
OR
A notice to creditors is not required for this estate.
The proposed order reflects title passing to the correct beneficiaries.
1
No orders will be issued prior to the expiration of the creditors’ claim period.
The proposed order 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 Petition have been filed from each homestead 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 proposed order 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.
Petitioner’s signature: ______________________________________
Signed on: ________________, 20______
OR
Attorney’s 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:
___________________________________________________________________________
___________________________________________________________________
________
___________________________________________________________________
________
_________________________________________________________
__________________
___________________________________________________________________
________
___________________________________________________________________
________
___________________________________________________________________________
.
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______
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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL (Florida)

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Completed 9 February 2021

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