PETITION FOR ORDER TO ADMIT FOREIGN WILL TO RECORD (Broward)

 

IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

 

PROBATE DIVISION

CASE NO.:


IN RE: THE ESTATE OF           

A. MISTA,                   

 

Deceased.
_____________________/

PETITION FOR ORDER TO ADMIT FOREIGN WILL TO RECORD PURSUANT TO SECTION 734.1025 OF THE FLORIDA PROBATE CODE

COMES NOW Petitioner, Ana Kup, as Personal Representative of the Estate of A. Mista, Deceased, by and through the undersigned counsel, and hereby files this petition and as grounds, therefore, states as follows:

Petitioner has an interest in the above estate as residuary beneficiary. Petitioner’s address is 18 Jackson Ave., Bronx, NY 10305 and the name and address of Petitioner’s attorney are set forth at the end of this petition.


Decedent, A. Mista, whose last known address was 450 Rosper Avenue, Bayonne, NJ 07042, and, if known, whose age was 62, died on July 13, 2008, at Bayonne Medical Center, Bayonne NJ, and on the date of death, Decedent was domiciled in New Jersey.


Domiciliary probate proceedings are being conducted in Hudson County Surrogate’s Court, State of New Jersey, which was the proper court.

Attached  to or accompanying this petition is an authenticated transcript of so much of the domiciliary proceedings as will show:

The foreign will and codicils, if any, of the Decedent (the will);
The petition for probate, or affidavit or certificate establishing that no petition for probate was required; and
The order admitting the will to probate.


The will was executed as required by Chapter 732 of the Florida Probate Code.


The will devises real property, or a right, title or interest in real property, located in Broward County, Florida.

 

Pursuant to Section 734.1025 of the Florida Probate Code, the gross value of all property in Florida subject to administration does not exceed $50,000, and this petition is being filed within two years of the Decedent’s death. Petitioner estimates the gross value of the property in Florida at $25,000.

 

There has been no proceeding to administer the estate of the Decedent in the State of Florida.

Petitioner requests that an order be entered admitting the will to record.

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

Signed on _____________________________.
   
VERIFICATION

    UNDER PENALTIES OF PERJURY, I declare that I have read the foregoing Petition and the facts alleged herein are true to the best of my knowledge and belief.

    DATED this ___ day of _____________________, 20__.

                       ________________________________________
                       Ana Kup
                       PETITIONER
 
Law Offices of
L. CHIN, P.A.
Attorneys for
Florida Personal Representative
2120 East Hollywood Boulevard,
Suite # 34
Hollywood, Florida 33021
Tel: (954) 456-8865
Fax: (954) 456-5588
              

By: _____________________________
      L. CHIN, ESQ.
      Fl. Bar No.: 540755

 

Here is Florida's related statutory law:

 

734.1025 Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims.—
 
(1) When a nonresident decedent dies testate and leaves property subject to administration in this state the gross value of which does not exceed $50,000 at the date of death, the foreign personal representative of the estate before the expiration of 2 years after the decedent’s death may file in the circuit court of the county where any property is located an authenticated transcript of so much of the foreign proceedings as will show the will and beneficiaries of the estate, as provided in the Florida Probate Rules. The court shall admit the will and any codicils to probate if they comply with s. 732.502(1), (2), or (3).
(2) The foreign personal representative may cause a notice to creditors to be served and published according to the relevant requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702. If any claim is filed, a personal representative shall be appointed as provided in the Florida Probate Rules.
History.—s. 1, ch. 80-203; s. 10, ch. 89-340; s. 1030, ch. 97-102; s. 79, ch. 99-3; s. 172, ch. 2001-226; s. 12, ch. 2003-154.
 
Click here to be taken to the statute on the Florida Legislature's website.

 

This is a sample document and should not be used or relied upon in any probate matter.  This document is for illustrative purposes only.  We recommend and urge you to consult with an experienced probate lawyer for professional advice as each case is unique.