Florida Notice of Opposition to Petition to Distribute Assets and Close Estate

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Multi-State
Control #:
US-02661BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A personal representative of the estate, conservator, or guardian uses this to tell the court that all property in an estate, guardianship of the estate, or conservatorship case has been distributed, transferred or sold ing to the court's prior orders and to ask the court to order, without holding a hearing, that ...

ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.

Closing the Florida Probate The Florida probate estate can be closed as soon as the time has expired for creditors to submit claims, all valid creditor claims and expenses of administration have been paid, all tax returns have been filed and taxes have been paid, and all assets are ready for distribution.

Filing for probate ? 10-day deadline This specifies that the individual in possession of the deceased's last will and testament must file for probate within 10 days from the date of death of the deceased in the same county where the deceased died. The size of the estate to be probated does not affect these ten days.

In a formal estate administration, it typically takes around 4-6 weeks to have the personal representative appointed. The estate generally remains open for around 1 year, however this will vary depending on what the personal representative needs to accomplish during the estate administration.

Rule 5.400 - DISTRIBUTION AND DISCHARGE (a) Petition for Discharge; Final Accounting. A personal representative who has completed administration except for distribution shall file a final accounting and a petition for discharge including a plan of distribution.

Under Florida Probate Rule 5.400, the petition for discharge must contain: A statement that the personal representative has fully administered the estate. All claims of creditors have been paid, settled or otherwise disposed.

In Florida, there is no small estate affidavit but Summary Administration can be used instead. Speed and cost savings are the attractions of Summary Administration. Rather than taking months or years as probate can, summary administration can accomplish a transfer of assets almost immediately after someone's death.

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Florida Notice of Opposition to Petition to Distribute Assets and Close Estate