735.203
Petition for summary administration.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
735.203 Petition for summary administration.—
(1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive a full distributive share under the proposed distribution. However, formal notice of the petition must be served on a beneficiary not joining in the petition.
(2) If a person named in subsection (1) has died, is incapacitated, or is a minor, or has conveyed or transferred all interest in the property of the estate, then, as to that person, the petition must be signed and verified by:
(a) The personal representative, if any, of a deceased person or, if none, the surviving spouse, if any, and the beneficiaries;
(b) The guardian of an incapacitated person or a minor; or
(c) The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse.
(3) If each trustee of a trust that is a beneficiary of the estate of the deceased person is also a petitioner, formal notice of the petition for summary administration shall be served on each qualified beneficiary of the trust as defined in s. 736.0103 unless joinder in, or consent to, the petition is obtained from each qualified beneficiary of the trust.
History.—s. 1, ch. 74-106; s. 107, ch. 75-220; s. 1, ch. 77-174; s. 180, ch. 2001-226; s. 12, ch. 2009-115; s. 16, ch. 2010-132.
Note.—Created from former s. 735.05.
Notes of Decisions
Cited in 9
cases, 1981–2017 · leading case: Amendments to the Florida Probate Rules
Amendments to the Florida Probate Rules (2003)
“§ 735.203, Fla. Stat. Petition for summary administration.”
JONES-BISHOP v. Estate of Sweeney (2010)
“The Appellee’s position is that the Appellant had no standing to file the petition for summary administration as she is not one of the proper parties set forth in section 735.203(1), Florida Statutes (2008), authorized to bring the petition.”
Florida Bar (1988)
“F.S. 735.203 Petition for summary administration.”
Wolf v. Doll (2017)
“§ 735.203(1), Fla. Stat. (2013). The statute provides that the petition must be signed and vérified by the surviving spouse, if any, and any beneficiary not receiving a full distributive share.”
In Re Amendments to the Florida Probate Rules (2010)
“§ 735.203, Fla. Stat. Petition for summary administration.”
In Re Amend. to Florida Probate Rules (2008)
“§ 735.203, Fla. Stat. Petition for summary administration.”
ROSALIE WOLF v. JO ANN DOLL (2017)
“§ 735.203(1), Fla. Stat. (2013). The statute provides that the petition must be signed and verified by the surviving spouse, if any, and any beneficiary not receiving a full distributive share.”
Mosley v. Thomas (1981)
“Section 735.203(2)(b), Florida Statutes (1979), also requires that the petition for summary administration contain a complete list of the assets of the estate, including those assets claimed to be exempt.”
Florida Bar (1988)
“F.S. 735.203 Petition for summary administration.”
— 735.203(1) — 3 cases
JONES-BISHOP v. Estate of Sweeney (2010)
“The Appellee’s position is that the Appellant had no standing to file the petition for summary administration as she is not one of the proper parties set forth in section 735.203(1), Florida Statutes (2008), authorized to bring the petition.”
Wolf v. Doll (2017)
“§ 735.203(1), Fla. Stat. (2013). The statute provides that the petition must be signed and vérified by the surviving spouse, if any, and any beneficiary not receiving a full distributive share.”
ROSALIE WOLF v. JO ANN DOLL (2017)
“§ 735.203(1), Fla. Stat. (2013). The statute provides that the petition must be signed and verified by the surviving spouse, if any, and any beneficiary not receiving a full distributive share.”
— 735.203(2)(b) — 1 case
Mosley v. Thomas (1981)
“Section 735.203(2)(b), Florida Statutes (1979), also requires that the petition for summary administration contain a complete list of the assets of the estate, including those assets claimed to be exempt.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.