This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Estate Without Administration In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000297
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.
As a result, you will begin to see the case status Post-Judgement Inactive (PJREPINACT) or Post-Judgement Active (PJREPACT) appear when viewing cases through the Clerk of Court Online Docket or the Florida Courts E-filing Portal.
Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.
Under Florida law, you are required to hire an attorney to assist you with the probate process in most situations. An attorney is not legally required in the following situations: Summary administration. Disposition without administration.
The petition requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will allow the personal representative to take many actions without obtaining court approval.
That said, the ownership documents of some properties—including bank accounts—allow another person to inherit directly if the principal owner dies without the necessity of probate. Bank accounts that could avoid probate in Florida include: Accounts with a named beneficiary.
Starting probate in Florida if your loved one didn't leave a will. To get the process started, you will file a petition for probate with the clerk of the Circuit Court in the county where your loved one lived.
A variety of things will happen if you don't file probate in Florida. Some of the most notable things that will occur are as follows: Your will cannot take effect, preventing its wishes from being enacted. Your assets will not go to the people you would like them to go to, as your will cannot take effect.
Florida generally has two different types of probate - one is easy, one is much more complicated - and probate can take 5-8 months under most scenarios. Some estates won't need to go through formal probate at all. If a deceased person had no assets in their own, individual name, then no probate is required.
A: Yes, it is possible for estates to be settled in Florida without the probate process. The largest example of this is when assets are held in a revocable living trust, have been designated as jointly owned property with rights of survivorship, or are in accounts that have named beneficiaries.
More info
All documents posted below in PDF format must be filed with the court in PDF format. When filling out the Petition: • Print the decedent's name after the words "In Re:".The first step is to file the "Petition to Set Aside without Administration" with your local probate court. There is also a non-court supervised administration proceeding called "Disposition of Personal Property Without Administration. For a MOTION TO SET ASIDE DISMISSAL AND RE-OPEN CASE. There is no filing fee required to file a Petition for Involuntary Examination.