The Florida Senate

735.203  Petition for summary administration.--

(1)  A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent's will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive full distributive share under the proposed distribution. Any beneficiary not joining shall be served by formal notice with the petition.

(2)  If a person named in subsection (1) has died, is incapacitated, or is a minor, or has conveyed or transferred all interest in the property of the estate, then, as to that person, the petition must be signed and verified by:

(a)  The personal representative, if any, of a deceased person or, if none, the surviving spouse, if any, and the beneficiaries;

(b)  The guardian of an incapacitated person or a minor; or

(c)  The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse.

(3)  If each trustee of a trust that is a beneficiary of the estate of the deceased person is also a petitioner, each qualified beneficiary of the trust as defined in s. 736.0103 shall be served by formal notice with the petition for summary administration unless joinder in, or consent to, the petition is obtained from each qualified beneficiary of the trust.

History.--s. 1, ch. 74-106; s. 107, ch. 75-220; s. 1, ch. 77-174; s. 180, ch. 2001-226; s. 12, ch. 2009-115.

Note.--Created from former s. 735.05.