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Estate Checklist

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Reginald Stephens
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14 views

Estate Checklist

Uploaded by

Reginald Stephens
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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IN THE CIRCUIT COURT FOR PINELLAS COUNTY FLORIDA

PROBATE DIVISION

IN RE: The Estate of

Deceased UCN: 52 CP XXESXX REF #: -ES 003

ORDER

THIS CAUSE COMING on to be heard upon the Petition for FORMAL ADMINISTRATION
filed in this cause, and the Court having reviewed said petition and attachments, hereby FINDS:
1) That inadequate information or documentation has been submitted.
2) That the following checked item(s) must be addressed prior to the Court's consideration of said
Petition:
Amended Petition for Administration stating: [Per Rules 5.200 (Formal), 5.530 (Summary), FS 731, 733, 735]
Name, address and interest of Petitioner;
Name of Petitioner's attorney;
Last known address of the decedent;
Last 4 digits of the decedent's social security number;
Date and place of decedent's death;
Decedent’s domicile, including state and county;
Names, addresses and relationships of beneficiaries; if any are minors, year of birth;
Statement regarding venue;
Priority of proposed PR and statement that they are qualified;
Statement that will does not direct administration as required by chapter 733 [FS 735.201(1)]
Statement that value of estate less exempt property < $75,000 or decedent has been dead for
more than 2 years.
Statement regarding domiciliary proceedings in another state or country. If known, name and
address of foreign PR for ancillary administrations;
Approximate value and nature (description) of assets; and a separate description of any
protected homestead and exempt property [Rule 5.530(a)(8)]
Statement regarding creditors [Rule 5.530(a)(9)]
Original Will either on file or with the Petition;
Petitioner is unaware of any unrevoked wills or codicils presented for probate;
Request that Will be admitted to Probate [Rules 5.200(i), 5.470(a)(1)]
a schedule of proposed distribution of all assets and to whom;
Verified signature of the Petitioner;
Attorney signature, address, telephone, email, and bar number;

Pleadings or documents not received:


Original Will [Rule 5.043, FS 731.201]
Petition and proposed Order to Establish Lost/Destroyed Will [Rule 5.510, FS 733.207]
Proof of Will or Codicil [Rule 5.230; FS 733.201, 732.503]
Original Death Certificate of ______________________________. Cannot be a copy, must
be the certified, watermarked certificate on the textured paper from the Department of Vital
P-140(A) Revised 2/27/03, 12/04; 01/06
ORCK (Estate Order Checklist)
Statistics.[Rule 5.171]
Proposed Order Admitting Will
Proposed Order Admitting Will
Petition and proposed Order Determining Homestead Property [Rule 5.405; FS 732.401]
Petition and proposed Order Determining Exempt Property [Rule 5.406; FS 732.402]
Proposed Letters of Administration
Consent(s) from ______________________________ [Rule 5.530(b), FS 735.206(2)]
Oath of Personal Representative, Designation and Acceptance by Resident Agent; [Rules 5.320,
5.110; FS 731.104]
Authenticated transcript of domiciliary proceedings (attorneys must e-file); [Rule 5.470(a); FS 734.102]
Petition and proposed Order to Open Safe Deposit Box.
Inventory of Safe Deposit Box contents.
Petition and proposed Order Admitting Foreign Will
Proof of Service of Formal Notice to foreign PR in ancillary estate. [Rule 5.065(b); FS 734.102]
Return of original Commission (with Certificate of Commissioner, Oath of Witness, and copy
of Will attached). [Rule 5.230; FS 733.201]
Affidavit of Heirship [FS 732.101]
Notice of Trust for trust named as beneficiary in petition, and $41 filing fee. [FS 736.05055]
Declination signed by, formal notice to, or death certificate of any entitled, nominated PR not
being appointed, ie: [FS 733.301(4)]

Resident Agent is neither a resident of Pinellas County nor a member of the Florida Bar. [Rule 5.110]
The Personal Representative is the same person as the Resident Agent. [Rule 5.110]
Personal Representative is a non-resident and is not a recognized exception. [Rule 5.110, FS 733.304]

Notary Seal is missing from Oath of Personal Representative.


Family Allowance requires notice and hearing. [FS 732.403]
Bond has not been waived by the Court. Bond required is $ ____________________.
Original Bond [FS 733.402(1), AO 16-18]:
has not been signed by Personal Representative and/or the attorney-in-fact;
amount exceeds Power of Attorney;
attorney-in-fact is not a resident of Florida;
does not bind principal and surety to the Governor of Florida
seal not affixed
amount does not match Estate Bond Schedule [pinellasclerk.org], file additional bond (rider) in
the amount of: $ .

DEPOSIT WILL check indicates existence of a Will dated


CAVEAT filed by
Caveat by Interested Party requires Formal Notice, Proof of Service and time lapse for same
before Letters of Administration will be signed by the court. [Rule 5.260(f)]

P-140(A) Revised 2/27/03, 12/04; 01/06


ORCK (Estate Order Checklist)
Caveat by Creditor requires withdrawal, consent or receipt from creditor before an Order of
Summary will be signed by the court. [Rule 5.260(e)]
Other:
_________________________________________________________________
_________________________________________________________________

DONE AND ORDERED in Chambers.

_________________________________
Circuit Judge
Copy to Attorney:

P-140(A) Revised 2/27/03, 12/04; 01/06


ORCK (Estate Order Checklist)

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