Legal Question in Wills and Trusts in Florida

Summary of estate without will

Where would I find a petition of summary of estate without a will and guidelines to filling out petition properly?


Asked on 7/23/04, 1:35 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Summary of estate without will

At the self help department at the court house.

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Answered on 7/23/04, 2:06 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Summary of estate without will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I would suggest a law library. You should be able to find several books with sample forms and information on how to complete the forms to file with the Court.

Nolo Press also sells many "self help" books and they are available in many bookstores including Barnes and Noble. They are very simplistic and I caution you to be very careful, however. A mistake could prove very costly. You may find that the fee paid to an attorney is well worth

it in the long run.

Scott R. Jay, Esq., 305-249-8000

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Answered on 7/23/04, 2:26 am

Re: Summary of estate without will

To obtain guidelines for Petition for Summary Administration, look to Chapter 735 of the Florida Probate Code AND go to the Circuit Court in the County where the Petition is to be filed. With the Petition you'll need to file a Death Certificate. You'll probably want to file an Order along with the Petition, and some courts require an Affidavit of Heirs. You will need to be familiar with intestacy laws as well (found at Chapter 732 of the Florida Probate Code).

Should you have further questions or need help with the filing, please feel free to call me.

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Answered on 7/23/04, 9:36 am


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