Petition To Determine Amount Of Elective Share Contribution Required

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.

Petition To Determine Amount Of Elective Share Contribution Required 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 Petition To Determine Amount Of Elective Share Contribution Required

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Determine Amount Of Elective Share Contribution Required:

• This form pertains to the State of Florida

• The current version of this form was last revised on January 1, 2025

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 P4-0570 - Petition To Determine Amount Of Elective Share Contribution Required 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 P4-0570, 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 P4-0570 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 P4-0570 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 Petition To Determine Amount Of Elective Share Contribution Required 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.

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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 P4-0570 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 P4-0570, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition To Determine Amount Of Elective Share Contribution Required 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 P4-0570 - Petition To Determine Amount Of Elective Share Contribution Required 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.

Petition To Determine Amount Of Elective Share Contribution Required 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 P4-0570 - Petition To Determine Amount Of Elective Share Contribution Required. You can use this to get an idea of the context of the form and what type of information is needed.

Bar Form No. P-4.0570 -1 of 2 © Florida Lawyers Support Services, Inc. January 1, 2025 COUNTY, FLORIDA PROBATE DIVISION File No. _________________ Division _________________ IN THE CIRCUIT COURT FOR IN RE: ESTATE OF ________________________________ Deceased. Adversary Proceeding No. ______________ ____________________________________ Petitioner, vs. ____________________________________ Respondent PETITION TO DETERMINE AMOUNT OF ELECTIVE SHARE (contribution required) Petitioner, , as personal representative of the estate of , who died on , , alleges: 1.On, , the surviving spouse of the decedent filed a timely election to take elective share. 2.An order determining that the surviving spouse is entitled to take an elective share has been entered in this proceeding. 3.The names and addresses of each direct recipient known to the personal representative are set forth on Schedule A attached. 4.All property to be taken into account in computing the elective share, as described in Florida Statutes s ection 732.2035 and valued as provided in section 732.2055, is set forth on the Elective Estate Inventory served with this petition. 5.All valid claims paid or payable from the elective estate are set forth on Schedule B attached. 6.All mortgages, liens or security interests on the assets (except to the extent they were already deducted in valuing the assets listed on the Elective Estate Inventory) are set forth on Schedule C attached. 7. Petitioner has determined that the elective share amount is $ . 8.Petitioner is unaware of any will or trust of the decedent which provides sources for payment of the elective share amount, other than as provided in section 732.2075 or that varies the order of abatement provided in section 733.805 or that varies the contribution or abatement provided in section 736.05053. 9.After application of assets the surviving spouse has received or is entitled to receive, described in section 732.2075(1), in partial satisfaction of the elective share amount, there are not sufficient Bar Form No. P-4.0570 -2 of 2 © Florida Lawyers Support Services, Inc. January 1, 2025 assets in decedent’s probate estate and revocable trust, if any, to satisfy the balance of the elective share amount without contribution from direct recipients within Classes 2 and 3. 10.The names and addresses of all persons (and where represented by an attorney, the name and address of the attorney) having an interest in this matter are listed on Schedule D attached. 11.In accordance with section 732.2075, it is proposed that the assets set forth on the attac hed Schedule E shall either be applied to the elective share or shall be distributed to the surviving spouse from the pr obate estate or revocable trust, if any, in partial satisfaction of the elective share at the time and in the manner set forth thereon. 12.It is proposed that contribution be ordered from those direct recipients from whom a specified contribution will be required and the amount of contribution sought from each is set forth on Schedule F which shall be delivered to the personal representative. 13.To the extent any part of the elective share amount is proposed to be satisfied by distribution of assets in kind, the values indicated are tentative values because those assets must be revalued as of date of distribution as required by section 732.2095. Petitioner requests that an order be entered: (1) establishing the amount of the elective share as alleged in paragraph 7 of this petition; (2) ordering contribution, as necessary, from the direct recipients to the personal representative for distribution to the surviving spouse in satisfaction of the elective share; and (3) authorizing the personal representative to distribute the assets listed on Schedules E and F to the surviving spouse in satisfaction of the elective share within the time and manner as determined by this Court. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed on this ________ day of _________________________, ________. Petitioner Printed name: ____________________________ ____________________________________________ Attorney for Petitioner Printed name: ____________________________ Email Addresses: __________________________________________ _________________________________________ Florida Bar No. _____________________________ __________________________________________ __________________________________________ (address) Telephone: ________________________________ [Print or Type Names Under All Signature Lines]