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The Florida Senate

2008 Florida Statutes

Section 735.203, Florida Statutes 2008

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.

(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 certified 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)  The joinder in, or consent to, 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 or consenting shall receive formal notice of the petition.

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

Note.--Created from former s. 735.05.