Florida Probate: What is the Petition for Administration?
- Cooper M. Powell
- Oct 29, 2022
- 1 min read
Updated: Mar 4, 2023
Summary:
The Petition for Administration provides the court with fundamental information regarding the deceased person, including their name, last known address, social security number, known probate assets, date and place of the deceased person’s death, and the state and county of the deceased person’s domicile. This document also provides the court with information regarding the petitioner and interested persons in the decedent’s probate.
Statute:
Section 733.202, Petition.—
Any interested person may petition for administration.
Rule:
Rule 5.200, Pleadings; Verifications; Motions.—
The petition for administration shall be verified by the petitioner and shall contain: (a) a statement of the interest of the petitioner, the petitioner’s name and address, and the name and office address of the petitioner’s attorney; (b) the name, and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile; (c) so far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the date of birth of any who are minors; (d) a statement showing venue; (e) the priority, under the code, of the person whose appointment as the personal representative is sought and a statement that the person is qualified to serve under the laws of Florida; (f) a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters; (g) a statement of the approximate value and nature of the assets; (h) in an intestate estate, a statement that after the exercise of reasonable diligence the petitioner is unaware of any unrevoked wills or codicils, or if the petitioner is aware of any unrevoked wills or codicils, a statement why the wills or codicils are not being probated; (i) in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that the petitioner is unaware of any other unrevoked wills or codicils or, if the petitioner is aware of any other unrevoked wills or codicils, a statement why the other wills or codicils are not being probated; and (j) in a testate estate, a statement that the original of the decedent’s last will is in the possession of the court or accompanies the petition, or that an authenticated copy of a will deposited with or probated in another jurisdiction or that an authenticated copy of a notarial will, the original of which is in the possession of a foreign notary, accompanies the petition.
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Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.
