Petition for Probate of Will and for Letters Testamentary - Florida

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE CIRCUIT COURT FOR [COUNTY] COUNTY, FLORIDA — PROBATE DIVISION

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Venue
5. The Will Offered for Probate
6. Beneficiaries Under the Will and Heirs (Interested Persons)
7. Preference, Priority, and Qualification of Personal Representative
8. Bond
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN RE: ESTATE OF

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any],

Deceased.

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], [STATE] [ZIP CODE]
Interest of Petitioner: [e.g., personal representative nominated in the Will; beneficiary]
Petitioner's Attorney: [ATTORNEY NAME], [FIRM]
Attorney Office Address: [________________________________]
Florida Bar No.: [________________]

3. DECEDENT INFORMATION

4. VENUE

a. The Decedent died on [__/__/____].

b. Venue. Venue is proper in this Court under Fla. Stat. § 733.101(1)(a) because the Decedent was domiciled in [COUNTY] County, Florida at the time of death.
☐ Alternatively, the Decedent had no Florida domicile but owned property in [COUNTY] County (Fla. Stat. § 733.101(1)(b)); or
☐ The Decedent had no Florida domicile and no Florida property, but a debtor of the Decedent resides in [COUNTY] County (Fla. Stat. § 733.101(1)(c)).

c. ☐ No domiciliary or principal administration proceeding is pending in another state or country; ☐ such a proceeding is pending: foreign personal representative [NAME], court [____________] (Fla. Prob. R. 5.200(f)).

5. THE WILL OFFERED FOR PROBATE

a. The Decedent died testate. The original Last Will and Testament dated [__/__/____] (the "Will") ☐ and codicil(s) dated [__/__/____] ☐ is in the possession of the Court / ☐ accompanies this Petition, as required by Fla. Prob. R. 5.200(j).

b. Petitioner identifies all unrevoked wills and codicils being presented for probate and states that, after the exercise of reasonable diligence, the Petitioner is unaware of any other unrevoked will or codicil of the Decedent (Fla. Prob. R. 5.200(i)).

c. Execution. The Will was executed in compliance with Fla. Stat. § 732.502: signed at the end by the Decedent (or by another at the Decedent's direction and in the Decedent's presence) and attested by at least two witnesses who signed in the presence of the Decedent and of each other.

d. Proof of will / self-proving status (Fla. Stat. § 733.201):
☐ The Will is self-proved under Fla. Stat. §§ 732.503 and 733.201(1) (acknowledgment by the testator and affidavits of the witnesses before an officer authorized to administer oaths) and may be admitted to probate without further proof.
☐ The Will is not self-proved; it will be admitted upon the oath of an attesting witness taken before a circuit judge, court-appointed commissioner, or clerk (Fla. Stat. § 733.201(2)).
☐ The attesting witnesses cannot be found, are incapacitated, or their testimony cannot be obtained within a reasonable time; the Will may be admitted upon the oath of the nominated personal representative or any disinterested person believing the writing to be the Decedent's true last will (Fla. Stat. § 733.201(3)).

e. Attesting witnesses (if applicable):

6. BENEFICIARIES UNDER THE WILL AND HEIRS (INTERESTED PERSONS)

The names and addresses of the surviving spouse, beneficiaries, and (where intestacy is implicated) heirs, their relationship to the Decedent, and the year of birth of any beneficiary who is a minor (Fla. Prob. R. 5.200(c)):

6.1 Beneficiaries under the Will:

6.2 Heirs at Law (those who would take by intestate succession under Fla. Stat. § 732.101 et seq., to the extent any property passes intestate or for notice):

6.3 Approximate value and nature of assets (Fla. Prob. R. 5.200(g)):

7. PREFERENCE, PRIORITY, AND QUALIFICATION OF PERSONAL REPRESENTATIVE

a. The Will nominates [NOMINATED PR NAME] as personal representative ☐ and [SUCCESSOR NAME] as successor.

b. Preference. In a testate estate, the order of preference for appointment under Fla. Stat. § 733.301(1)(a) is: (1) the personal representative (or successor) nominated by the Will or pursuant to a power conferred in the Will; (2) the person selected by a majority in interest of the persons entitled to the estate; and (3) a devisee under the Will. Petitioner seeks appointment of the person with first preference under § 733.301(1)(a)1.

c. ☐ No other person has equal or higher preference; ☐ another person has equal/higher preference: [NAME], who ☐ will be served with formal notice ☐ has waived/consented (Fla. Prob. R. 5.200(e)).

d. Qualification. The person sought to be appointed is qualified to serve under the laws of Florida (Fla. Prob. R. 5.200(e), (k)). Specifically, the person:

• has not been convicted of a felony (Fla. Stat. § 733.303(1)(a));
• has not been convicted of abuse, neglect, or exploitation of an elderly person or disabled adult (Fla. Stat. § 733.303);
• is mentally and physically able to perform the duties of a personal representative;
• is 18 years of age or older; and
• ☐ is a Florida resident, or ☐ is a nonresident who is qualified under Fla. Stat. § 733.304 (relationship to the decedent — e.g., spouse, lineal ascendant/descendant, or other qualifying relative).

8. BOND

a. General rule. Under Fla. Stat. § 733.402(1), unless the bond requirement has been waived by the Will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety, payable to the Governor, conditioned on faithful performance of all duties.

b. ☐ The Will waives bond. Petitioner requests that the personal representative serve without bond as the Will directs, as expressly permitted by Fla. Stat. § 733.402(1).

c. ☐ Bond required. Petitioner will execute and file a bond with surety as defined in Fla. Stat. § 45.011, approved by the clerk, in the amount fixed by the Court. Estimated amount: $[________________].

d. The Court may, on petition or its own motion, waive, require, increase, or decrease the bond or require additional surety (Fla. Stat. § 733.402(4)). Banks and trust companies authorized to act as personal representative are exempt from the bond requirement (§ 733.402(3)).

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Admit the Will (and any codicil) to probate as the valid Last Will and Testament of the Decedent under Fla. Stat. §§ 733.103 and 733.201;

b. Appoint [NOMINATED PR NAME] as personal representative of the Estate under Fla. Stat. § 733.301;

c. Issue Letters of Administration (Letters Testamentary) to the personal representative upon qualification (Fla. Prob. R. 5.235);

d. ☐ Determine that the personal representative shall serve without bond as the Will directs, or ☐ fix bond in the amount of $[________________] (Fla. Stat. § 733.402);

e. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing Petition for Administration and that the facts alleged are true to the best of my knowledge and belief.

Executed on [__/__/____].

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE / NOTICE

Notice of petition for administration (Fla. Prob. R. 5.201). A copy of the petition and notice of petition for administration must be served on any person who is entitled to preference equal to or greater than the petitioner, and on any beneficiary entitled to formal notice, who has not waived notice or joined in the petition. Persons may waive notice and join in the petition.

Service of pleadings. Service is made in accordance with Fla. Prob. R. 5.040 / 5.041 and Fla. R. Gen. Prac. & Jud. Admin. 2.516.

I CERTIFY that a copy of the foregoing has been furnished to the persons listed above on [__/__/____].

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Florida Bar No.: [________________]
Address: [________________________________]
Telephone: [________________________________]
Email (primary / secondary for e-service): [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Petition for Administration (drafted to comply with Fla. Prob. R. 5.200; no statewide form)
☐ Original Last Will and Testament (and any codicils) deposited with the clerk (Fla. Stat. § 732.901)
☐ Certified copy of the Death Certificate
☐ Oath of attesting witness, if the Will is not self-proved (Fla. Stat. § 733.201(2))
☐ Designation and Acceptance of Resident Agent (and Oath of Personal Representative)
☐ Waivers/consents and any renunciations of persons with equal or higher preference (Fla. Stat. § 733.301)
☐ Proposed Order Admitting Will to Probate and Appointing Personal Representative
☐ Proposed Letters of Administration / Letters Testamentary (Fla. Prob. R. 5.235)
☐ Bond, or request that bond be waived per the Will (Fla. Stat. § 733.402)
☐ Notice of petition for administration / proof of service (Fla. Prob. R. 5.201)
☐ Filing fee payment

SOURCES AND REFERENCES

• Fla. Stat. § 733.101 — Venue of probate proceedings.
• Fla. Stat. § 733.103 — Effect of probate.
• Fla. Stat. § 733.201 — Proof of wills (self-proved; oath of attesting witness; alternatives).
• Fla. Stat. § 733.202 — Petition.
• Fla. Stat. §§ 733.301–733.305 — Preference, qualification, nonresidents.
• Fla. Stat. § 732.502 / § 732.503 — Execution and self-proof of wills.
• Fla. Stat. § 733.402 — Bonds (waiver by will or court).
• Fla. Stat. § 732.901 — Production / deposit of original will with the clerk.
• Fla. Prob. R. 5.200 — Petition for administration (required contents).
• Fla. Prob. R. 5.201 — Notice of petition for administration.
• Fla. Prob. R. 5.235 — Issuance of letters.
• Florida Courts (forms and rules): https://www.flcourts.gov