Florida Sample Letter for Closure of Estate - Request for Petition Signature
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Stat, section 735.203- Petition for summary administration, if there is a surviving spouse, he or she must sign the petition for summary administration. Any beneficiaries must also sign the petition, unless the beneficiary will receive a full distributive share of the estate under the proposed distribution.
Closing the Florida Probate The petition lets the probate judge know that all necessary steps have been taken and the estate is ready to be closed. Sometimes the probate judge will request additional information from the probate attorney. Once all information is provided, the judge will sign an Order of Discharge.
The final accounting and petition for discharge shall be filed and served on interested persons within 12 months after issuance of letters for estates not required to file a federal estate tax return, otherwise within 12 months from the date the return is due, unless the time is extended by the court for cause shown ...
A Petition for Discharge in Florida probate lets the court and the beneficiaries know what assets are in the estate and how the assets will be distributed.
The Petition for Administration is meant to set forth the basic information regarding the decedent, including his or her residence, date of death and basic family structure (if no will) or intestacy structure if there is a will. This document starts a probate proceeding.
When a person dies intestate (without a will), a petition for administration of the estate is filed, and the probate court appoints a qualified person to serve as the "personal representative" to administer the estate. Preferences in appointment of the personal representative are governed by §733.301(1)(b), Fla. Stat.
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.
