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Petition for Discharge – Sample Florida Probate Form

FortLauderdaleAttorney.com > Petition for Discharge – Sample Florida Probate Form

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
PROBATE DIVISION  

File No. : CP-99-xxx-xx

In Re:  Estate of                                                                                                                              

A.B.
Deceased.                                                              
__________________________/

PETITION FOR DISCHARGE (Full Waiver)

Petitioners, J.K. and T.K., as personal representative of the above estate, alleges:

1. The decedent A.B. a resident of Palm Beach County, Florida, died on August 19, 1999, and Letters of Administration were issued to petitioner on March 11, 1999.

2. Petitioner has fully administered this estate by mailing payment, settlement, or other disposition of all claims and debts that were presented, and by paying or making provision for the payment of all taxes and expenses of administration.

3. Petitioner has filed all required estate tax returns with the Internal Revenue Service and with the Department of Revenue of the State of Florida, and have obtained and filed with this court evidence of the satisfaction of this estate’s obligations for both federal and Florida estate taxes, if any.

4. The only persons, other than petitioners, having an interest in this proceeding, and their respective addresses are:   SEE ATTACHED EXHIBIT “A”

5. Petitioner, pursuant to §731.302 of the Florida Probate Code, and as permitted by Florida Probate Rule 5.400(f), files herewith waivers and receipts signed by all interested persons:

(a)  acknowledging that they are aware of the right to have a final accounting;

(b)  waiving the filing and service of a final accounting;

(c)  waiving the inclusion in this petition of the amount of compensation paid or to be paid to the personal representative, attorneys, accountants, appraisers or other agents employed by the personal representatives and the manner of determining that compensation;

(d)  acknowledging that they have actual knowledge of the amount and manner of determining the compensation of the personal representatives, attorneys for the personal representatives, accountants, appraisers, or other agents employed by the personal representatives, agreeing to the amount and manner of determining such compensation, and waiving any objections to the payment of such compensation;

(e)  waiving the inclusion in this petition of a plan of distribution;

(f)  waiving service of this petition and all notice thereof;

(g) waiving all objections to any accounting and to the Petition for Discharge;

(h) acknowledging receipt of complete distribution of the share of the estate to which they are entitled; and

(i) consenting to the entry of an order discharging petitioner, as personal representative, without notice, hearing or waiting period and without further accounting.

Petitioner requests that an order be entered discharging petitioner as personal representative of this estate.

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 the ___day of September, 2001.

________________________________
J.K.

________________________________
T.K.

Lawrence S. Tolchinsky, Esq.
Florida Bar #021997
2100 E. Hallandale Beach Blvd.
Suite #200
Hallandale, Florida 33009
(954) 458-8655
 

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This is a sample document related to a specific set of facts and circumstances and should not be used or relied upon for any probate matter. We recommend and urge you to consult with an experienced probate lawyer for professional advice as each case is unique.