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The Florida Senate

2000 Florida Statutes

Section 733.202, Florida Statutes 2000

733.202  Petition.--

(1)  A verified petition for administration may be filed by any interested person.

(2)  The petition for administration shall contain:

(a)  A statement of the interest of the petitioner, the petitioner's name and address, and the name and office address of his or her attorney.

(b)  The name, last known address, social security number, and date and place of death of the decedent and the state and county of the decedent's domicile.

(c)  So far as is known, the names and addresses of the beneficiaries and the dates of birth of any who are minors.

(d)  A statement showing venue.

(e)  The priority under part III of the person whose appointment as the personal representative is sought.

(f)  A statement of the approximate value and nature of the assets so the clerk can ascertain the amount of the filing fee and the court can determine the amount of any bond authorized by this code.

(3)  If the decedent was a nonresident of this state, the petition shall state whether domiciliary proceedings are pending in another state or country, if known, and, if so, the name and address of the foreign personal representative and the court issuing letters.

(4)  In an intestate estate, the petition shall:

(a)  State 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, why the wills or codicils are not being probated, or

(b)  Otherwise give the facts concerning the will or codicil.

(5)  In a testate estate, the petition shall:

(a)  Identify all unrevoked wills and codicils being presented for probate.

(b)  State that the petitioner is unaware of any other unrevoked will or codicil or, if the petitioner is aware of any other unrevoked will or codicil, why the other will or codicil is not being probated.

(c)  State 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 probated in another jurisdiction accompanies the petition.

History.--s. 1, ch. 74-106; s. 52, ch. 75-220; s. 19, ch. 77-87; s. 19, ch. 92-200; s. 986, ch. 97-102.

Note.--Created from former s. 732.43.