What forms are needed to probate my mother's estate of less than $75,000?
Full Question:
I want to file a summary disposition with the court here to probate my Mother's estate. I am the Executrix. The Estate may value approx $75,000.00. What form(s) do I need to file?
03/24/2009 |
Category: Wills and Es... ยป Small Estate... |
State: Florida |
#15742
Answer:
A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent's will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries.
Please see the following FL statutes:
735.201 Summary administration; nature of proceedings. —
Summary administration may be had in the administration of
either a resident or nonresident decedent's estate, when it
appears:
(1) In a testate estate, that the decedent's will does not
direct administration as required by chapter 733.
(2) That the value of the entire estate subject to
administration in this state, less the value of property
exempt from the claims of creditors, does not exceed $75,000
or that the decedent has been dead for more than 2 years.
735.203 Petition for summary administration. —
(1) A petition for summary administration may be filed by
any beneficiary or person nominated as personal
representative in the decedent's will offered for probate.
The petition must be signed and verified by the surviving
spouse, if any, and any beneficiaries.
(2) If a person named in subsection (1) has died, is
incapacitated, or is a minor, or has conveyed or transferred
all interest in the property of the estate, then, as to that
person, the petition must be signed and certified by:
(a) The personal representative, if any, of a deceased
person or, if none, the surviving spouse, if any, and the
beneficiaries;
(b) The guardian of an incapacitated person or a minor; or
(c) The grantee or transferee of any of them shall be
authorized to sign and verify the petition instead of the
beneficiary or surviving spouse.
(3) The joinder in, or consent to, a petition for summary
administration is not required of a beneficiary who will
receive full distributive share under the proposed
distribution. Any beneficiary not joining or consenting
shall receive formal notice of the petition.
735.206 Summary administration distribution. —
(1) Upon the filing of the petition for summary
administration, the will, if any, shall be proved in
accordance with chapter 733 and be admitted to probate.
(2) Prior to entry of the order of summary administration,
the petitioner shall make a diligent search and reasonable
inquiry for any known or reasonably ascertainable creditors,
serve a copy of the petition on those creditors, and make
provision for payment for those creditors to the extent that
assets are available.
(3) The court may enter an order of summary administration
allowing immediate distribution of the assets to the persons
entitled to them.
(4) The order of summary administration and distribution so
entered shall have the following effect:
(a) Those to whom specified parts of the decedent's estate,
including exempt property, are assigned by the order shall
be entitled to receive and collect the parts and to have the
parts transferred to them. They may maintain actions to
enforce the right.
(b) Debtors of the decedent, those holding property of the
decedent, and those with whom securities or other property
of the decedent are registered are authorized and empowered
to comply with the order by paying, delivering, or
transferring to those specified in the order the parts of
the decedent's estate assigned to them by the order, and the
persons so paying, delivering, or transferring shall not be
accountable to anyone else for the property.
(c) After the entry of the order, bona fide purchasers for
value from those to whom property of the decedent may be
assigned by the order shall take the property free of all
claims of creditors of the decedent and all rights of the
surviving spouse and all other beneficiaries.
(d) Property of the decedent that is not exempt from claims
of creditors and that remains in the hands of those to whom
it may be assigned by the order shall continue to be liable
for claims against the decedent until barred as provided in
the code. Any known or reasonably ascertainable creditor who
did not receive notice and for whom provision for payment
was not made may enforce the claim and, if the creditor
prevails, shall be awarded reasonable attorney's fees as an
element of costs against those who joined in the petition.
(e) The recipients of the decedent's property under the
order of summary administration shall be personally liable
for a pro rata share of all lawful claims against the estate
of the decedent, but only to the extent of the value of the
estate of the decedent actually received by each recipient,
exclusive of the property exempt from claims of creditors
under the constitution and statutes of Florida.
(f) After 2 years from the death of the decedent, neither
the decedent's estate nor those to whom it may be assigned
shall be liable for any claim against the decedent, unless
proceedings have been taken for the enforcement of the
claim.
(g) Any heir or devisee of the decedent who was lawfully
entitled to share in the estate but who was not included in
the order of summary administration and distribution may
enforce all rights in appropriate proceedings against those
who procured the order and, if successful, shall be awarded
reasonable attorney's fees as an element of costs.