Fla. Stat. § 747.051

Current through the 2024 Legislative Session

Section 747.051 - Summary procedure

(1) If the wife of any person defined as an absentee in s. 747.01(1), or his next of kin if said absentee has no wife, shall wish to sell or transfer any property of the absentee which has a gross value of less than $5,000, or shall require the consent of the absentee in any matter regarding the absentee's children or in any other matter in which the gross value of the subject matter is less than $5,000, she may apply to the circuit court for an order authorizing said sale, transfer, or consent without opening a full conservatorship proceeding as provided by this chapter. She may make the application without the assistance of an attorney. Said application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk of the circuit court:

In the Circuit Court

In re: (Absentee) , case number.

PETITION FOR SUMMARY RELIEF

Petitioner, (Name) , whose residence is (Street & number) , (City or town) , and (County) , Florida, and who is the (Describe relationship to absentee) of the absentee, (Name) , states that the absentee has been (Imprisoned or missing in action) since (Date) when (Describe details) . Petitioner desires to sell/transfer (Describe property) of the value of (Value) because (Give reasons) . The terms of sale/transfer are (Give reasons) . Petitioner requires the consent of the absentee for the purpose of.

(Petitioner)

State of

County of

Sworn to (or affirmed) and subscribed before me by means of [] physical presence or [] online notarization this day of, (year) , by (name of person making statement) .

(Signature of Notary Public)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

(2) The court shall, without hearing or notice, enter an order on said petition if it deems the relief requested in said petition necessary to protect the best interests of the absentee or her or his dependents.

(3) Such order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any matter prescribed by subsection (1).

Fla. Stat. § 747.051

s. 3, ch. 71-103; s. 32, ch. 73-334; s.1135, ch. 97-102; s.19, ch. 98-246; s.8, ch. 2021-205.

Amended by 2021 Fla. Laws, ch. 205, s 8, eff. 6/29/2021.