As a residential real estate broker specializing in probate real estate on the Florida Gulf Coast (who also happens to have gone to law school) I understand the many challenges inherent inthe probate process. In this article I’ll run you through the basics of “Filing The Petition” — the critical first step of the estate settlement process.
What is a Petition?
The petition for administration is nothing more than a legal document that initiates the probate process. It is filed with the probate court in the county where the deceased resided.
Who Files the Petition?
The petition can be filed by any one of a number of parties who have an interest in the estate, which may include:
- A person in the decedent’s will named to be the personal representative of the estate.
- Any beneficiary named in the will, typically a family member or close friend, but not necessarily such.
- If the deceased owed money, a creditor may file the petition in order to settle the debts owed by the estate.
- Any other person who has a material interest in the estate.
Florida law prioritizes who can serve as a personal representative, with the person nominated in the decedent’s will typically having the highest priority. If there is no will, and in the absence of another suitable candidate, the court may nominate a professional administrator to oversee the estate.
Know that there are specific eligibility requirements such as age, character, and fitness for the roll, which comes into play as the court decides who will be given the responsibility of personal representative.
Purpose of the Petition
The filing of the petition officially opens the probate case, which triggers a series of legal requirements and procedures that need to be completed before the estate can be settled. It is highly recommended that a licensed probate attorney be brought in early on in the process, so mistakes are avoided that can delay the settlement process.
What Information Should the Petition Contain?
The petition will include critical information such as:
- Identification of the deceased: The full legal name, date of death, and place of residence of the decedent.
- Appointment of personal representative: State the name and contact information of the desired personal representative, including their relationship to the deceased.
- Jurisdiction: Clearly state the county in Florida where the probate court has jurisdiction over the estate.
- Will Validation: If there is a will, attach a copy to the petition and mention its execution date.
- Waivers and Consents: Include any necessary waivers or consents signed by beneficiaries, heirs, or interested parties.
- Estimated Value of the Estate: Provide an estimated value of the estate to assist in determining the complexity of the administration process.
Filing the Petition
Once the requisite information has been gathered and the petition prepared, it is filed with the probate court in the county where the decedent resided. The court reviews the petition and schedules a hearing to appoint a personal representative.
Conclusion
Remember, filing the petition is just the first step in the probate process. It sets the stage for the entire process. Getting this part wrong can set the stage for unnecessary complexities and delays down the road. Throughout the entire estate settlement process, your best approach is to stay informed, seek expert advice, and be proactive to ensure a successful outcome.
