The Florida Senate

734.1025  Nonresident decedent's estate with property not exceeding $25,000 in this state; determination of claims.--

(1)  When a nonresident decedent leaves property in this state the value of which does not exceed $25,000, the domiciliary personal representative of the estate may determine the question of claims in this state before the expiration of the 2-year period provided in s. 733.710 by filing in the circuit court of the county where any property is located an authenticated transcript of so much of the domiciliary proceedings as will show:

(a)  In a testate estate, the probated will and all probated codicils of the decedent; the order admitting them to record; the letters or their equivalent; and the part of the record showing the names of the devisees and heirs of the decedent or an affidavit of the domiciliary personal representative reciting that the names are not shown or not fully disclosed by the domiciliary record and specifying the names. On presentation of the foregoing, the court shall admit the will and any codicils to probate if they comply with s. 732.502(1) or (2).

(b)  In an intestate estate, the authenticated copy of letters of administration, or their equivalent, with the part of the record showing the names of the heirs of the decedent or an affidavit of the domiciliary personal representative supplying the names, as provided in paragraph (a). On presentation of the foregoing, the court shall order them recorded.

(2)  After complying with the foregoing requirements, the domiciliary personal representative shall cause a notice to be served and published according to the requirements of s. 731.111, notifying all persons having claims or demands against the estate to file them.

(3)  The procedure for filing claims and objection to them and for suing on them shall be the same as for other estates, except as hereinafter provided.

(4)  If no claims are filed against the estate within the time allowed, the court shall enter an order adjudging that notice to creditors has been duly given and proof thereof filed and that no claims have been filed against the estate or that all claims have been satisfied.

(5)  If any claim is filed against the estate within the time allowed, the court shall send to the domiciliary personal representative a copy of the claim and a notice setting a date for a hearing to appoint an ancillary personal representative. At the hearing, the court shall appoint an ancillary personal representative according to the preferences as provided in s. 733.301.

(6)  If an ancillary personal representative is appointed pursuant to subsection (5), the procedure for filing, objecting to, and suing on claims shall be the same as for other estates, except that the ancillary personal representative appointed shall have not fewer than 30 days from the date of his or her appointment within which to object to any claim filed.

(7)  The filing by domiciliary personal representatives of portions of the domiciliary probate proceedings as specified in this section, and the barring of claims of creditors in such estates by the publication of notice to creditors as set forth in this section, in all cases prior to June 25, 1980, are hereby validated and confirmed.

History.--s. 1, ch. 80-203; s. 10, ch. 89-340; s. 1030, ch. 97-102; s. 79, ch. 99-3.