Pensacola, FL asked in Probate for Florida

Q: We are filling out a petition for summary administration and need to clarify who needs to be listed for question #8...

Question 8 says: "The names, addresses, ages of minors, and respective relationships to decedent of all of his/her heirs, and devisees are as follows"

Do we just list the spouse and/or children of the decedent?

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss and please accept my condolences. I will note a few things for you here immediately, unless their is only one sole interested person related to the estate, it is extremely highly likely that the clerk of the court and or eventually the judge will inform you that you will need a probate attorney. As far as Summary Administration, that is not a do it yourself project at all as there are a lot of things that you need to be aware of and that you have to file with respect to rights, protections, creditors and so forth. As far as completing the form, until the form can really be reviewed (they are all different and can vary by county to some degree or even by attorney), it is hard to tell. The persons that you would mention in this area are the people who are listed in the Will and or otherwise have rights and claims potentially as beneficiaries via Florida Statutory Law or as a result of being named a beneficiary in Will. So, the answer minimally would mean that you need to include any surviving spouse and minor children if any or both of those apply, you also need to look at any Will, if there is one. I really think you will have some issues and I further think a judge will eventually point this out to you as well in the near future. There are specific issues that may apply to things like Homestead, Spousal Rights, Exempt Property and so forth, so be careful,

Terrence H Thorgaard agrees with this answer

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