IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
PROBATE DIVISION
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CHECKLIST FOR PETITION FOR DISCHARGE
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 inventory was filed.
OR
Proof of publication of the notice to creditors was filed.
OR
Decedent has been dead for more than 2 years.
An affidavit of no estate tax due was filed.
OR
A statement regarding creditors was filed.
OR
Decedent has been dead for more than 2 years.
OR
OR
The notice to creditors was served on the Agency for Health Care Administration.
OR
Decedent was under 55 years old at the time of death.
OR
Decedent has been dead for more than 2 years.
OR
No claims have been filed against the estate.
OR
If claims have been filed against the estate:
All claims were paid or settled, and a satisfaction and release for each claim was
filed. Claims that were not satisfied were subject to a timely objection and no
independent action was filed by the claimant;
OR
There are insufficient assets to satisfy the outstanding claims, and notice of the
Petition for Discharge was served on all outstanding creditors.
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If the estate is insolvent the claims should not be stricken.
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The Petition for Discharge was signed by the personal representative.
OR
The residuary beneficiaries have consented to the petition for discharge and have waived the
annual accounting, and receipts have been filed from the specific beneficiaries.
OR
Waivers and receipts were not filed for one or more beneficiaries. However, those beneficiaries
were served a copy of the final accounting and the Petition for Discharge, and the objection
period has expired.
OR
The Petition for Discharge was served on unsatisfied creditors.
OR
There are no unsatisfied creditors.
The signature page of the proposed order 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
A trust of the decedent IS a beneficiary of the will offered for probate:
Every trustee is also a personal representative of the estate, and a disclosure of trust
beneficiaries was filed. Further, if every trustee is also a personal representative, all
qualified trust beneficiaries have consented to the Petition for Discharge (memo
available upon request);
OR
At least one trustee of the decedent’s trust is not a personal representative of the
estate.
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 Discharge. 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
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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 for Discharge. 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:
_
__________________________________________________________________________
_
__________________________________________________________________________
_
__________________________________________________________________________
_
__________________________________________________________________________
_
__________________________________________________________________________
_
__________________________________________________________________________
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__________________________________________________________________________.
The 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______