Mary Hunt Case
A Petition for Summary Administration is a document that is submitted to the Court upon a person’s passing, but only in certain circumstances. What are those circumstances? Does Mary’s estate meet these requirements or should another form of administration be considered?
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Mary Hunt’s sister, Caroline Fuqua, visits your supervising attorney’s office to inform that Mary, age 50, died at her home—156 Victory Drive, Tallahassee, Florida 32306—from a sudden brain aneurysm on November 14, 2004. Mary was in the process of funding her trust at the time of her death. She had not transferred the following assets to her trust:
2002 Toyota
A checking account with a balance of $4,635
Stock representing 1 share of Walt Disney Company stock
Mary’s final paycheck, amounting to $2,695
Mary was a Florida resident. Mary’s social security number is 123-56-7890. Caroline Fuqua’s address is 89653 RR 2, Port St. Joe, Florida 32456. Mary was debt free at the time of her death. Your supervising attorney asks you to prepare a Petition for Summary Administration.
IN THE CIRCUIT COURT FOR _______________ COUNTY, FLORIDA
IN RE:
ESTATE OF
__________________, Deceased.
File Number:
Probate Division:
______________________________/
PETITION FOR SUMMARY ADMINISTRATION
Petitioner,
, alleges as follows:
1.
Petitioner has an interest in the above estate as
. Petitioner’s address is
and the name and office address of the petitioner’s attorney are set forth at the end of this petition.
2.
Decedent, ________________________________________, whose last known address was
, whose age was ______________ and whose social security number is
, died on ___________________________ at
, and on his/her date of death the decedent was domiciled in ________________________ County, Florida.
3.
So far as is known, the names of the beneficiaries of this estate and of the decedent’s surviving spouse, if any, their addresses and relationship to the decedent, and the dates of birth of any who are minors, are:
NAME
ADDRESS
RELATIONSHIP
DATE OF BIRTH (if Minor)
4.
Venue of this proceeding is in this county because this is the county where the decedent was domiciled OR this is the county where the decedent was possessed of property OR this is the county where a debtor of the decedent resides.
5.
The original of the decedent’s Last Will and Testament, dated
accompanies this petition.
6.
Petitioner is unaware of any unrevoked will or codicil of the decedent other than as set forth in paragraph 5.
7.
Petitioner is entitled to summary administration because:
a.
The decedent’s Last Will and Testament does not direct administration as required by Chapter 733 of the Florida Probate Code.
b.
To the best knowledge of the petitioner, the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 [strike out if not applicable].
c.
The decedent has been dead for more than two years [strike out if not applicable].
8.
The following is a complete list of the assets in this estate and their estimated values, together with those assets claimed to be exempt [separately designate homestead and exempt property]:
Assets
Estimated Value
9.
With respect to claims of creditors: [Strike out each statement that is not applicable.]
a.
All claims of creditors are barred.
b.
The estate is not indebted.
c.
The estate is indebted and provision for the payment of debts and the information required by Rule 5.530 of the Florida Probate Rules is as set forth on the attached schedule.
10.
It is proposed that all assets of the decedent, including exempt property, be distributed to the following:
Name
Asset, Share, or Amount
Petitioner waives notice of hearing on this petition and requests that the decedent’s Last Will and Testament be admitted to probate and an Order of Summary Administration be entered directing distribution of the assets in the estate in accordance with the schedule set forth in paragraph 10 of this petition.
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.
Signed on
, 2005.
___________________, Petitioner
________________________________
Denise K. Linne
Attorney for Petitioner
Florida Bar No. 12345690
125 West Pensacola Street
Tallahassee, FL 32391-3010
850/555-5555
� 733.101, Florida Statutes.
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