Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.
The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.
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.
Title: Comprehensive Guide to Sample Petition for Formal Administration in Florida Introduction: A sample petition for formal administration in Florida is a legal document that initiates the probate process for the administration of a deceased person's estate. This petition serves as a formal request to the court to appoint a personal representative, also known as an executor or administrator, who will manage the affairs of the decedent's estate. This detailed description will explain the key components, purpose, and types of sample petitions for formal administration in Florida. Keywords: Florida, sample petition, formal administration, estate, probate, personal representative, executor, administrator. 1. Purpose and Overview: A sample petition for formal administration in Florida is a vital legal instrument utilized to initiate the probate process accurately and efficiently. It enables interested parties to establish the personal representative's role, outline the estate's assets and liabilities, and ensure proper distribution to heirs or beneficiaries. 2. Components of a Sample Petition for Formal Administration in Florida: a. Identification Information: Include the full legal name of the decedent, the county where they resided at the time of their death, and the date of their passing. b. Appointment of Personal Representative: Specify the proposed personal representative's complete name and contact details, highlighting their qualifications to handle the estate's affairs. c. Opening Statements: State that the petitioner requests the court to enter the formal administration process and identify the specific grounds for seeking such administration (e.g., the decedent's total assets exceeding $75,000 or the presence of creditors). d. List of Heirs and Beneficiaries: Provide an exhaustive list of all known heirs, including their names, addresses, and relationships to the decedent. Additionally, mention any beneficiaries named in the decedent's will. e. Inventory of Assets and Liabilities: Detail the decedent's assets, such as real estate, vehicles, bank accounts, investments, and personal belongings. Also, elaborate on any outstanding debts, loans, or liabilities to be settled. f. Notices: Indicate how interested parties, such as creditors, must be notified of the petition, following the specific legal requirements established by the state of Florida. g. Oath of Personal Representative: Include a sworn statement from the proposed personal representative, affirming their willingness to fulfill their duties faithfully and diligently. 3. Types of Sample Petitions for Formal Administration in Florida: a. Petition for Summary Administration: This type of petition is used when the estate's value is less than $75,000 or if the decedent has been deceased for at least two years. b. Petition for Formal Administration with Will Attached: When the decedent's will is available, this petition is used to initiate the probate process and appoint a personal representative based on the testamentary provisions. c. Petition for Formal Administration without Will Attached: If the decedent died intestate, without a valid will, this petition is used to start the probate process and appoint a personal representative as per the state's intestacy laws. Conclusion: Sample petitions for formal administration in Florida play a crucial role in initiating the probate process and ensuring the efficient administration of an estate. By following the guidelines provided by these petitions, interested parties can navigate the complex legal requirements involved in settling the affairs of a deceased individual. Whether pursuing a formal administration with or without a will, or opting for summary administration, utilizing the appropriate sample petition in accordance with Florida law is essential for a successful probate process. Keywords: Florida, sample petition, formal administration, estate, probate, personal representative, executor, administrator.
