Letters Of Limited Guardianship (Person & Prop, No Advanced Directive)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Letters Of Limited Guardianship (Person & Prop, No Advanced Directive) is a commonly used form within Florida. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Letters Of Limited Guardianship (Person & Prop, No Advanced Directive)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Letters Of Limited Guardianship (Person & Prop, No Advanced Directive):

• This form pertains to the State of Florida

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Florida’s Form G12 - Letters Of Limited Guardianship (Person & Prop, No Advanced Directive) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Florida form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Florida probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form G12, take a break, and then review. Probate and estate settlement processes in FL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form G12 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form G12 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Letters Of Limited Guardianship (Person & Prop, No Advanced Directive) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Florida.

5 reasons you should submit G12 as quickly as possible:

1. The sooner you begin, the faster Florida can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Florida. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Florida is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Florida probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Florida probate clerk or court for exact answers regarding Form G12, and when in doubt— consult a qualified trust & estates lawyer for that area.

Letters Of Limited Guardianship (Person & Prop, No Advanced Directive) is one of the many probate court forms available for download through Atticus.

It may also be available through some Florida probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Florida.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form G12 - Letters Of Limited Guardianship (Person & Prop, No Advanced Directive) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Florida probate court office.

Letters Of Limited Guardianship (Person & Prop, No Advanced Directive) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Florida-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Florida Form G12 - Letters Of Limited Guardianship (Person & Prop, No Advanced Directive). You can use this to get an idea of the context of the form and what type of information is needed.

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA PROBATE DIVISION IN RE: GUARDIANSHIP OF ________________________________ Case No. ________________ Section ________________ G-12 LETTERS OF LIMITED GUARDIANSHIP OF THE PERSON & PROPERTY (Incapacitated Person – No Known Advanced Directives) TO ALL WHOM IT MAY CONCERN: WHEREAS, ______________________ has been appointed limited guardian of the person and property (“Guardian”) for the above-named Ward, and has taken the prescribed oath and performed all other acts prerequisite to issuance of letters of limited guardianship of the person and property of the Ward. NOW, THEREFORE, I, the undersigned judge, declare ___________________________ duly qualified under the laws of the State of Florida to act as the Ward’s Guardian, with full power to exercise the following powers and duties pertaining to the Ward’s person and property: _______ To marry_______ To vote _______ To personally apply for benefits_______ To have a driver’s license _______ To travel_______ To seek or retain employment _______ To contract_______ To manage property, make gifts, or dispose of property _______ To sue and defend lawsuit_______ To determine residence _______ To consent to medical or mental health treatment _______ To make decisions about social environment or other social aspects of life _______ To have a license to carry a weapon and firearm and or possess a weapon or firearm Page 1 of 2 Probate Division: Case Name:Case Number: Note: The Ward’s right to marry, vote, travel, personally apply for benefits, have a driver’s license, or to seek or retain employment, may not be delegated to a guardian. In addition, if the right to contract has been removed, the right to marry is subject to court approval. The Court is not aware that the Ward has executed any valid advance directive per Chapter 765, Florida Statutes (“F.S.”). If said directive exists, the Guardian shall exercise no authority until further order of this Court. In addition, the Guardian shall not exercise authority over any health care surrogate appointed by any valid advance directive executed by the Ward per Chapter 765, F.S., nor designate a health care surrogate per Chapter 765, F.S., without further court order. These Letters of Limited Guardianship (“Letters”) are subject to the following restrictions: The Guardian shall place all liquid assets in a restricted account in a financial institution designated by the Court pursuant to Section 69.031, Florida Statutes (“Depository”). This is a frozen account. No funds can be withdrawn without a court order. All monies payable to the Guardianship shall be paid jointly to the Guardian and the Depository. If Florida real estate is sold per court order, a closing statement shall be filed, and the sale’s net proceeds shall be placed in the Depository. The Attorney of Record shall file a Receipt of Asset by Depository within 30 days from the issuance of these Letters. There shall be no sale, encumbrance, borrowing, or gifting of any assets without a special court order. These Letters do not authorize entry into any safe deposit box without further court order. The Initial Guardianship Report and Inventory shall be filed in sixty (60) days. ORDERED on this _____day of __________, 20_____. __________________________________________ Circuit Judge G-12 Letters of Limited Guardianship of Person & Property (no advanced directives) Page 2 of 2 Last Revised 11/04/15