What is a Petition for Administration?

When someone wants to start a probate estate, they must file a petition for administration. It is most often filed by the person seeking to be appointment as the personal representative.  

Who can file a Petition for Administration?

The petition for administration may be filed by any “interested person”, per F.S. 733.202. The petition must be signed and verified by the petitioner.  Rule 5.020(e) requires the petitioner to affirm under penalties of perjury that they have read the petition, and the alleged facts are true to the best of their knowledge and belief. 

What goes in a Petition for Administration?

Florida Probate Rule 5.200 provides a comprehensive list of the required elements in a petition. The petition must include a statement of the petitioner’s interest, their name and address, and the name and office address of their attorney. Rule 5.200(a) outlines these details.  Rule 5.200(b) further specifies the information that must be included, such as the name and last known address of the decedent, the last four digits of their Social Security number, the date and place of death, the state and county of their domicile, and any other relevant details.  Rule 5.200(c) addresses the inclusion of surviving spouses and beneficiaries. The names and addresses of surviving spouses, if applicable, must be provided. Additionally, the relationship of beneficiaries to the decedent and their year of birth, if applicable, must be specified.  It’s important to note that when there is a will, only the individuals named in the will (excluding the decedent’s heirs at law) are required to be included in the petition. This is because the term “beneficiaries” in a testate estate, as defined by Florida Statute 731.201(2), specifically refers to devisees.  The petition must further demonstrate that the court is the appropriate venue for the probate.

Rule 5.200(k) outlines the requirements for a person seeking appointment as a personal representative. These include:

– Conviction of a felony: The petition must clearly state whether the applicant has been convicted of a felony.

– Abuse, neglect, or exploitation of an elderly person or disabled adult: The petition must indicate, in writing, whether the applicant has been convicted in any state or foreign jurisdiction of any offense defined in [F.S.] 825.101.

– Mental and physical ability to perform duties: The petition must demonstrate that the applicant is mentally and physically capable of performing the duties of a personal representative.

– Age requirement: The applicant must be at least 18 years of age.

– Residency: The petition must clearly state whether the applicant is a resident of Florida. If not, the petition must provide a detailed statement of the applicant’s relationship to the decedent.

– Foreign proceedings: If any domiciliary or principal proceedings are pending in another state or country, the petition must disclose this information, including the name and address of the foreign personal representative and the court issuing the letters.

– Approximate value and nature of assets: The petition must provide an estimate of the value and nature of the assets.

Intestate v. Testate Estates

For an intestate estate, the petition must state, after reasonable effort, that the petitioner is unaware of any unrevoked wills or codicils. If any wills or codicils are known to exist, the petition must explain why they are not being probated.

For a testate estate, the will being offered for probate must be clearly identified by its date of execution. The petition must also state that the petitioner is unaware of any other unrevoked wills or codicils, or, if there are any, why they are not being presented for probate. 

Have you received a Petition for Administration?

Call Broward County Probate Lawyer

If you have received a Petition for Administration, it is important that you carefully review your options and take any steps necessary to preserve your rights before they expire.  Contact County probate lawyer Andrew J. Pascale at 877-667-1211 to help ensure that the probate estate is being administered in conformity with Florida law and that your rights as a beneficiary or interested person are protected.