Broward County Florida Caveat - Form

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

PROBATE DIVISION

File No. :

Division:

In Re:  Estate of         

                                                           

JOSEPH S.                

Deceased.        

____________________________/


CAVEAT

       1. The interest of the caveator is that of the surviving spouse of  Joseph S., deceased, whose social security number, if known, is XXX-XX-1802 or whose date of birth, if known, is June 1, 1912, and who died on or about September 18, 2002.

       2. Caveator's name, specific mailing address, and specific residence address are:

    
Mrs. Garnet S.
28 SW 5th Manor
Ft. Lauderdale, Florida 33312

       3. Caveator hereby designates S. Trollchin, Esq., who is a member of The Florida Bar, a resident of Broward County, Florida, whose specific mailing address is 100 E. Dania Beach Blvd., Suite #200, Hallandale, Florida 33021 and whose specific residence address is 100 E. Dania Beach Blvd., Suite #200, Hallandale, Florida 33021 as caveator's agent for the service of notice and consents that service of notice on the agent shall bind the caveator.

       Caveator requests that the Court not admit a Will of the Decedent to probate or appoint a personal representative without formal notice on caveator or his designated agent and that caveator be given such additional notice as the Florida Probate Rules require.

       Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are time, to the best of my knowledge and belief.

       Signed on the ____ day of November, 20___.

 _______________________                                         
 Caveator

ACCEPTANCE

I CERTIFY that I am a resident of Broward County, Florida, residing above. I hereby accept the foregoing designation as Resident Agent.

Signed on the ____  day of November, 20__.
                                 
_______________________                                           
Resident Agent

This document is a sample Caveat and should not be used for any matter. This form is being provided for illustrative purposes only and should not be relied upon as legal advice.  We recommend and urge you to consult with an experienced probate lawyer for professional advice as each case is unique and the law is always changing.  All Rights Reserved.

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Florida Statute Relating to a Florida Caveat:

731.110 Caveat; proceedings.—
(1) Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person’s knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person’s death.
(2) If the caveator is a nonresident and is not represented by an attorney admitted to practice in this state who has signed the caveat, the caveator must designate some person residing in the county in which the caveat is filed as the agent of the caveator, upon whom service may be made; however, if the caveator is represented by an attorney admitted to practice in this state who has signed the caveat, it is not necessary to designate a resident agent.
(3) If a caveat has been filed by an interested person other than a creditor, the court may not admit a will of the decedent to probate or appoint a personal representative until formal notice of the petition for administration has been served on the caveator or the caveator’s designated agent and the caveator has had the opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules. This subsection does not require a caveator to be served with formal notice of its own petition for administration.
(4) A caveat filed before the death of the person for whom the estate will be administered expires 2 years after filing.

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