RULE 5.530. SUMMARY ADMINISTRATION

(a) Petition. The petition must be verified as required by law
and must contain:

(1) a statement of the interest of each petitioner, each
petitioner’s name and address, and the name and office address of
each petitioner’s attorney;

(2) the name and last known address of the decedent,
last 4 digits of the decedent’s social security number, date and
place of death of the decedent, and state and county of the
decedent’s domicile;

(3) so far as is known, the names and addresses of the
surviving spouse, if any, and the beneficiaries and their relationship
to the decedent and the year of birth of any who are minors;

(4) a statement showing venue;

(5) a statement whether domiciliary or principal
proceedings are pending in another state or country, if known, and
the name and address of the foreign personal representative and
the court issuing letters;

(6) a statement that the decedent’s will, if any, does not
direct administration as required by chapter 733, Florida Statutes;

(7) a statement that the value of the entire estate
subject to administration in this state, less the value of property
exempt from the claims of creditors, does not exceed $75,000 or
that the decedent has been dead for more than 2 years;

(8) a description of all assets in the estate and the
estimated value of each, and a separate description of any protected
homestead and exempt property;

(9) a statement either:

(A) that all creditors’ claims are barred or
(B) that a diligent search and reasonable inquiry
for any known or reasonably ascertainable creditors has been made
and one of the following:

(i) A statement that the estate is not
indebted.

(ii) The name and address of each creditor,
the nature of the debt, the amount of the debt and whether the
amount is estimated or exact, and when the debt is due. If provision
for payment of the debt has been made other than for full payment
in the proposed order of distribution, the following information
must be shown:

(a) The name of the person who will pay
the debt.

(b) The creditor’s written consent for
substitution or assumption of the debt by another person.

(c) The amount to be paid if the debt
has been compromised.

(d) The terms for payment and any
limitations on the liability of the person paying the debt.

(10) in an intestate estate, a statement that after the
exercise of reasonable diligence each petitioner is unaware of any
unrevoked wills or codicils;

(11) in a testate estate, a statement identifying all
unrevoked wills and codicils being presented for probate, and a
statement that each petitioner is unaware of any other unrevoked
will or codicil; and

(12) a schedule of proposed distribution of all probate
assets and the person to whom each asset is to be distributed.
(b) Service. 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 and any known or reasonably ascertainable creditor not
joining or consenting must receive formal notice of the petition.

(c) Testate Estate. In a testate estate, on the filing of the
petition for summary administration, the decedent’s will must be
proved and admitted to probate.

(d) Order. If the court determines that the decedent’s estate
qualifies for summary administration, it must enter an order
distributing the probate assets and specifically designating the
person to whom each asset is to be distributed.

Committee Notes

Verification and service of a petition for summary
administration are governed by rules 5.020, 5.040, and 5.041.
Section 735.206(2), Florida Statutes, relating to diligent search for,
and service of the petition for summary administration on,
reasonably ascertainable creditors is substantive. Nothing in this
rule is intended to change the effect of the statutory amendments.

Rule History

1977 Revision: Changes to conform to 1975 statutory revision.
Established the requirements of a petition for summary
administration and provided for the hearing thereon and the entry
of the order of distribution of the assets.

1984 Revision: Extensive revisions and editorial changes.
Committee notes revised.

1988 Revision: Editorial change in caption of (a). Committee
notes revised.

1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
2002 Revision: Replaces “homestead” with “protected
homestead” in (a)(2) to conform to addition of term in section
731.201(29), Florida Statutes. Committee notes revised.

2003 Revision: Committee notes revised.

2005 Revision: Subdivision (a)(3) amended to include
requirements of section 735.206(2), Florida Statutes.

2007 Revision: Rule substantially rewritten to require petition
to include essentially the same information required to be stated in
a petition for administration and to require the petitioners to specify
facts showing they are entitled to summary administration. New
subdivision (b) added to provide for formal notice of the petition,
and subsequent subdivisions relettered.

2011 Revision: Subdivision (a)(2) amended to limit listing of
decedent’s social security number to last four digits.

2012 Revision: Committee notes revised.

2013 Revision: Subdivision (a)(9) reorganized to avoid the
misconception that a diligent search and reasonable inquiry for
known or reasonably ascertainable creditors is required when
creditor claims are barred. Committee notes revised. Editorial
changes to conform to the court’s guidelines for rules submissions
as set forth in AOSC06-14.

2014 Revision: Subdivision (a)(3) amended to provide only the
year of birth of a minor to conform to Fla. R. Gen. Prac. & Jud.
Admin. 2.425. Committee notes revised.

Statutory References

§ 731.104, Fla. Stat. Verification of documents.

§§ 735.201–735.2063, Fla. Stat. Summary administration.

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.205(a)(3) Filing evidence of death.

Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to
judicial branch records.

Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
filing of sensitive information.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

PART III — GUARDIANSHIP