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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLIII. DOMESTIC RELATIONS |
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CHAPTER 747. CONSERVATORSHIP |
- 1(1) 2If the wife of any person defined as an absentee in s. 14747.01(1), 15or 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:
147In the Circuit Court
151In re: 153(Absentee) , 154case number 156.
157PETITION FOR SUMMARY RELIEF
161Petitioner, 162(Name) , 163whose residence is 166(Street & number) , 169(City or town) , 172and 173(County) , 174Florida, and who is the 179(Describe relationship to absentee) 183of the absentee, 186(Name) , 187states that the absentee has been 193(Imprisoned or missing in action) 198since 199(Date) 200when 201(Describe details) 203. Petitioner desires to sell/transfer 208(Describe property) 210of the value of 214(Value) 215because 216(Give reasons) 218. The terms of sale/transfer are 224(Give reasons) 226. Petitioner requires the consent of the absentee for the purpose of 238.
239(Petitioner)
240State of Florida
243County of
245Sworn to (or affirmed) and subscribed before me this 254day of , 256(year) , 257by 258(name of person making statement) 263.
264(Signature of Notary Public - State of Florida)
272(Print, Type, or Stamp Commissioned Name of Notary Public)
281Personally Known 283OR Produced Identification
286Type of Identification Produced
290(2) 291The 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.327(3) 328Such 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).
