Summary
Ancillary probate is needed when a deceased person owned property in a state different from their residence. It involves probate proceedings in the state where the property is located. Summary administration is used for smaller estates or when the decedent has been deceased for over two years. Both processes can be used depending on the circumstances. For specific guidance, consult a local attorney or the Palm Beach County probate court. Understanding Florida Statutes Chapter 733 is essential for probate procedures. If a will does not direct administration as required by Chapter 733, standard probate procedures must be followed.Full Conversation
looking for sample letter of petition
For a sample letter of petition related to ancillary probate, you might want to include:
- Your name and contact information
- Description of your relationship to the deceased
- Details of the property in Palm Beach County
- Reason for the ancillary probate
- Request for the court to recognize the out-of-state probate
It's advisable to consult the Palm Beach County probate court or an attorney for specific forms required in Florida.
order of summary administration versus ancillary probate
Here's a quick overview of the differences between summary administration and ancillary probate:
- Summary Administration:
- Used for smaller estates or when the decedent has been deceased for over two years.
- Less costly and quicker than formal administration.
- Requires a petition to the court and can be completed without full probate proceedings.
- Ancillary Probate:
- Necessary when a decedent owns property in a state different from their residence.
- Involves probate proceedings in the state where the property is located.
- Used to transfer property or settle debts in that state.
If you need more detailed guidance, especially concerning documents or procedures, consulting a probate attorney in the relevant jurisdiction is advisable.
can you use both ancillary probate and summary administration for out-of-state deceased individuals
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Yes, both ancillary probate and summary administration can be used for an out-of-state deceased individual's estate, depending on the circumstances:
- *Ancillary Probate*: Required if the deceased owned property in a different state than their residence.
- *Summary Administration*: Used for smaller estates or when the deceased has been gone for over two years.
Consulting a local attorney is advisable for specific guidance.
sample for summary of administration for ancillary probate
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For a summary of administration in the context of ancillary probate, consider the following elements in your petition:
- Petitioner Information: Name, address, and relationship to the deceased.
- Deceased Information: Name of the deceased, date of death, and residency.
- Property Description: Details of the property located in Palm Beach County.
- Reasoning: Justification for seeking summary administration.
- Requests: What action you want the court to take.
Consult the Palm Beach County probate court or a local attorney for specific templates or forms.
SHOULD I START MY PETITION LIKE THIS "PETITION FOR SUMMARY ADMINISTRATION AND ANCILLARY PROBATE"
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It's typically not necessary to combine "Summary Administration" and "Ancillary Probate" in the petition title, as they serve different purposes. Choose the one applicable to your situation based on the estate's specifics. Consider consulting a local attorney for tailored advice.
Florida Statutes Chapter *
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For issues involving probate, understanding Florida Statutes Chapter * is essential, as it governs probate procedures. If you're looking to draft a petition, consulting specific statutes within Chapter * can provide guidance on the rules and requirements. Do you have a question related to a specific statute or requirement in Chapter *?
what does this sentence mean "Decedent’s will does not direct administration as required by Florida Statutes Chapter *. "
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The sentence means that the will of the deceased person (decedent) does not specify instructions for the administration of their estate in accordance with the rules set out in Florida Statutes Chapter *, which governs probate administration. This might imply that standard probate procedures must be followed due to the lack of direction in the will.