1
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY, FLORIDA
PROBATE DIVISION
CHECKLIST
FOR PETITION TO SELL REAL PROPERTY
This checklist shall be completed and e-filed with your Petition. Please review and sign the
applicable certification clause at the end of the checklist prior to submitting it with your
Petition and Proposed Order(s). If any of the items below are not checked, please complete
“Certification B.” Completing and e-filing this Checklist does not remove any additional
obligations imposed by rule or statute.
CASE NUMBER:_________________________ in Re Estate of:________________________
Legal standard for Sale of Real Property: Personal Representative (Florida Statute 733.613(1)
and Rule 5.370) and Guardianship (Florida Statute 744.361(6))
Contract price included in petition and order
Statement that the contract price is the fair market price for the real property in Petition
and Order
Statement that the sale is an arm’s length transaction in Petition and Order
Includes the legal description and the street address of the property in the Petition and
Order
Includes the scheduled closing date (or a statement that the closing date is unknown)
Statement that the sale applies only to the specific sale that is the subject of the petition
in Petition and Order
Creditor’s period has not expired and the proposed Order contains the statement that
“the proceeds of the sale shall be held in the attorney’s trust account or restricted
depository until further Order of this Court.”
Copy of proposed Contract of Sale included and not redacted (Rule 5.370(a) and 2.425)
Petition is accompanied by an appraisal unless all beneficiaries have consented to the
sale
Outstanding creditors, if any, have been noticed
Consent of heirs
Formal notice to all beneficiaries who have not consented to sale.
Please complete the Certification that applies to your filing (either Certification A or
Certification B). If the Petitioner is represented by counsel, only counsel must complete the
applicable Certification Clause. If the Petitioners is pro se then the applicable Certification
must be completed by the Petitioner.
CERTIFICATION A:
The undersigned Petitioner☐ (print name)__________________________/Attorney ☐ (print
name)_____________________________certifies that he/she has reviewed the information
necessary to support the Petition to Sell Real Property (Estate and Guardianship). The Petitioner
☐/Attorney ☐ further certifies that all the required information was previously filed or filed
2
concurrently with the Petition. The Petitioner ☐/Attorney ☐ acknowledges that the Petition will
not be reviewed by Court staff until the necessary information has been accepted into the OLS
and/or e-filing system. The Petitioner ☐/Attorney ☐ further acknowledges that a hearing may
be required to process the Petition.
Petitioner’s signature:______________________________
Signed on_________________________, 20____
OR
Attorney’s signature:______________________________
Signed on_________________________, 20____
CERTIFICATION B:
The undersigned Petitioner☐ (print name)__________________________/Attorney ☐ (print
name)_____________________________certifies that he/she has reviewed the information
necessary to support the Petition to Sell Real Property (Estate and Guardianship). The Petitioner
☐/Attorney ☐ certifies that, after a diligent search and reasonable effort, the Petitioner ☐
/Attorney ☐ was unable to submit the following information for the following reasons:
The Petitioner ☐/Attorney ☐ acknowledges that a hearing may be required concerning the
deficiency.
Petitioner’s signature:______________________________
Signed on_________________________, 20____
OR
Attorney’s signature:______________________________
Signed on_________________________, 20____
