The Petition to Determine Exempt Property is a Florida probate court form, published by the Orange County Clerk of Courts, that asks the circuit court to determine who is entitled to a decedent's exempt property under Section 732.402 of the Florida Probate Code. The petitioner states their relationship to the decedent, lists the property and the basis on which it is claimed as exempt, and names the persons entitled to it. On FillingPDF you can fill out the form online and download or print the completed PDF; the Clerk publishes the official PDF at myorangeclerk.com, and the petition is filed in the estate's probate case.
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What is Petition to Determine Exempt Property – Orange County, FL?
The Petition to Determine Exempt Property is a Florida probate court petition in which a petitioner asks the circuit court to determine which persons are entitled to a decedent's exempt property under Section 732.402 of the Florida Probate Code and to order its delivery.
The form is captioned for the Circuit Court, Probate Division, and carries the estate's name, File No. and Division. Its numbered allegations cover the petitioner's address and relationship to the decedent, the decedent's domicile in Florida on the date of death, the persons entitled to the property (with birth dates for any minors), a description of each item of property and the basis of its exemption, and the other persons who have an interest in the proceeding.
Three statements are preprinted. The petition is filed within the time permitted by Section 732.402(6). The exempt property remains subject to any perfected security interests. None of the claimed property has been specifically or demonstratively devised by the decedent's will to anyone other than the persons listed in paragraph 2.
The petitioner asks for an order determining the persons entitled and authorizing and directing the personal representative to deliver the property to them. The petitioner declares the facts true under penalties of perjury. This is a court petition filed in an estate, not a tax form.
Who needs to file Petition to Determine Exempt Property – Orange County, FL?
The main user is the petitioner: a person who, in the words of paragraph 1, is the relation or capacity stated by the petitioner to the decedent, who was domiciled in Florida on the date of death. The petitioner enters their own address and their relationship to the decedent.
The form also records the people on whose behalf the exempt property is claimed. Paragraph 2 lists each person entitled by law to the property, with address and relationship, and a birth date for any who are minors. Paragraph 7 lists every other person, apart from the petitioner, who has an interest in the proceeding.
The form has a block for an attorney for the petitioner, with email addresses, Florida Bar No., address and telephone, so the petition can be signed and filed through counsel. It also has a signature line for the petitioner, and the form says to print or type names under all signature lines.
Do not use this form for a claim that does not rest on Section 732.402 of the Florida Probate Code, or if the decedent was not domiciled in Florida on the date of death, since paragraph 1 states that domicile. The form does not say who else may sign for the petitioner.
When to file Petition to Determine Exempt Property – Orange County, FL
File the petition within the time permitted by Section 732.402(6) of the Florida Probate Code; paragraph 3 of the form states that the petition is filed within that time. The form does not print the period itself, so check the statute or ask the Orange County Clerk of Courts or an attorney how the period applies to your estate.
The petition belongs to an estate's probate case, because it carries the case's File No. and Division and asks the court to direct the personal representative. It is therefore prepared after the decedent's death and in connection with the estate proceeding.
Date the declaration on the line "Signed on" and the certificate of service on its own "on" line, so that the court record shows when the petition was signed and when a copy was furnished to the persons listed.
How to fill out Petition to Determine Exempt Property – Orange County, FL
Complete the court caption
Enter the county in the circuit court heading, the name of the estate after IN RE: ESTATE OF, the File No. and the Division. The form also states that it belongs to the Probate Division and that the decedent is deceased.
Identify the petitioner in paragraph 1
Enter the petitioner's name and address, and the relationship in the blank before "of the decedent". The paragraph states that the decedent was domiciled in Florida on the date of death.
List persons entitled in paragraph 2
For each person entitled by law to the exempt property, enter the name, address and relationship, and the birth date if the person is a minor.
Review the preprinted paragraphs 3, 5 and 6
These state that the petition is filed within the time permitted by Section 732.402(6), that the property remains subject to perfected security interests, and that none of it is specifically or demonstratively devised to others. Confirm they are true for your estate before signing.
Describe the property in paragraph 4
Under DESCRIPTION OF PROPERTY, describe each item. Under BASIS OF EXEMPTION, state the basis on which it is claimed to be exempt.
Name other interested persons in paragraph 7
Enter the name and address of each person, other than the petitioner, who has an interest in this proceeding.
Sign the declaration
Enter the date after "Signed on" and sign on the Petitioner line. The declaration is made under penalties of perjury.
Complete the attorney block
If an attorney represents the petitioner, enter the attorney's signature, email addresses, Florida Bar No., address and telephone. Print or type names under all signature lines.
Fill in the certificate of service
Enter the person to whom a copy was furnished, the method and the date after "I CERTIFY that a copy hereof has been furnished to", and sign as the attorney.
Review and download the completed PDF
Check names, addresses, birth dates and the description of property, then download or print the completed PDF from FillingPDF and file it as described under How to submit.
How to submit Petition to Determine Exempt Property – Orange County, FL
The form prints no address, portal or appointment rule of its own; it is a petition filed in the estate's probate case in the Circuit Court, Probate Division, under the File No. and Division entered at the top.
- Court filing: file the signed petition in the estate's probate case. For the filing methods the Orange County Clerk of Courts accepts, use the Clerk's website at myorangeclerk.com, where the form is published.
- Copy to interested persons: complete the certificate at the end ("I CERTIFY that a copy hereof has been furnished to ... by ... on ..."), naming the person served, how it was furnished and the date, and sign it as the attorney.
- Signatures: the petitioner signs the perjury declaration, and an attorney for the petitioner may sign and give a Florida Bar No. Print or type names under all signature lines.
FillingPDF lets you fill out and download the PDF; submission follows the court channels above.
Common mistakes to avoid
- Leaving the birth date blank for a person in paragraph 2 who is a minor; the form asks for it for any who are minors.
- Describing the property in paragraph 4 without stating the basis on which each item is claimed to be exempt.
- Claiming property that the decedent's will specifically or demonstratively devised to someone other than the persons in paragraph 2; paragraph 6 says none has been.
- Omitting from paragraph 7 a person other than the petitioner who has an interest in the proceeding.
- Overlooking that the exempt property stays subject to any perfected security interests, as paragraph 5 states.
- Filing after the time permitted by Section 732.402(6), which paragraph 3 says the petition meets.
- Signing without typing or printing names under all signature lines, as the form directs.
- Leaving the certificate of service blank instead of naming who received the copy, how and on what date.
Frequently asked questions
What is the Petition to Determine Exempt Property?
It is a Florida probate court petition asking the circuit court to determine which persons are entitled to a decedent's exempt property under Section 732.402 of the Florida Probate Code. It also asks the court to direct the personal representative to deliver the property to them.
Is this an Orange County Florida property tax form?
No. It is a probate petition filed in an estate, and it deals with a decedent's exempt property under the Florida Probate Code. The Orange County Clerk of Courts publishes it, but it is not used to claim or appeal property tax.
Who signs the Petition to Determine Exempt Property?
The petitioner signs the declaration under penalties of perjury. The form also has an Attorney for Petitioner block, with Florida Bar No., address, telephone and email, and a certificate of service signed by an attorney. Names are printed or typed under all signature lines.
What must I list for the exempt property?
Paragraph 4 asks for a description of each item of property and the basis on which it is claimed to be exempt. Paragraph 2 asks for the persons entitled to it, and paragraph 7 for other interested persons.
When must the petition be filed?
Within the time permitted by Section 732.402(6) of the Florida Probate Code, as paragraph 3 states. The form does not print that period, so check the statute or ask the Orange County Clerk of Courts or an attorney.
Do I have to list minors on the petition?
Yes, if any person entitled to the property is a minor. Paragraph 2 asks for the name, address and relationship of each person entitled and a birth date for any who are minors.
Can I fill out the Petition to Determine Exempt Property online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the petition with the court; you file it through the Clerk's channels.
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