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The Petition for Administration is the document filed in a Florida probate court seeking to open the estate of a deceased person. The Petition seeks a couple of things. First, it seeks to have a Will?if there is one?admitted to probate. If there is no Will, then it seeks to open an intestate estate.
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 ...
To close the estate, the Florida probate attorney will file a petition with the court. 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.
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 ...
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.
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.
Filing a Petition to Remove a Personal Representative As the next of kin, you have the right to file a petition to remove a personal representative. You can do this by filing a probate petition to remove a personal representative in the probate court in the county where the decedent resided.
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.