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What is a Petition for Administration?

Definition– a petition for administration is a court document that officially starts a probate proceeding. The petition will identify the decedent, the county where the proceeding will take place, and an estimate as to the assets in the estate. The petition also indicates whether there was a will in creation at the time of the decedent’s death, and any/all beneficiaries or heirs entitled to inherit through the rules of intestacy.

 

What It Really Means

A petition for administration is a legal document, produced within the court system, that officially opens a probate proceeding. This document is seen as an overview of the estate, by identifying whether a will existed at the time of death, who may inherit based upon that will (or by the intestacy statute if there is no will), and an estimated amount of assets within the estate.

 

Example

Dave dies in Broward County, Florida, leaving behind two adult children, a house, a car, a bank account with $50,000, and stocks. Before his death, Dave drafted and signed a will that outlined his wishes for distribution of assets upon his death. The personal representative for Dave’s estate will need to file a petition for administration with the court in Broward County, which will officially open the probate proceeding so that assets can be distributed.

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