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|IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, | |

|IN AND FOR MIAMI-DADE COUNTY, FLORIDA | |

|PROBATE DIVISION |WD-2 |

|IN RE: ESTATE OF __________________________________________ | |

|Deceased. Case No. ________________ | |

|Section ________________ | |

ORDER APPOINTING PERSONAL REPRESENTATIVE

(Wrongful Death with Surviving Minors) / (Wrongful Death Adult)

TO WHOM IT MAY CONCERN:

WHEREAS, _________________________________ a resident of ______________, died on _____________________, owning assets in the State of Florida, and

WHEREAS, _____________________________________has been appointed Personal Representative of the decedent’s (“Decedent”) estate (“Estate”) and has performed all acts, prerequisite to issuance of Letters of Administration in the Estate,

NOW, THEREFORE, I, the undersigned Circuit Judge, declare the foregoing to be duly qualified under the laws of the State of Florida to act as Personal Representative of the above Estate, with full power to administer the Estate according to law; to ask, demand, sue for, recover and receive the property of the Decedent; to pay the debts of the Decedent as far as the assets of the Estate will permit and the law directs; and to make distribution of the Estate according to law, with the following restrictions:

1. Unless extended by court order, this Estate must be closed within 24 months.

2. Unless an appropriate bond has been entered into and approved by the Court, the Personal Representative shall place all liquid assets in a depository designated by this Court pursuant section 69.031, Florida Statutes, (“Depository”). This is a frozen account. No funds can be withdrawn without a court order.

3. The Attorney of Record shall file a receipt of assets by the Depository in a timely fashion.

4. 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.

5. The Personal Representative and the Depository shall jointly receive all monies payable to the Estate.

6. There shall be no sale, encumbrance, borrowing, or gifting of any assets without court order.

7. The apportionment of the wrongful death settlement must be approved by this Court.

8. These letters do not authorize entry into any safe deposit box without further court order.

9. The verified inventory shall be filed within sixty days from the issuance of these letters.

10. Upon a Guardian Ad Litem’s appointment to review and recommend settlement, and a hearing to accept and approve the settlement; the Personal Representative shall open a guardianship case for the minor(s) in the Probate Division of the Eleventh Judicial Circuit Court after judgment or settlement is obtained in excess of $15,000.00, but before distribution of same is made in the unlawful death case filed in this Circuit’s Civil Division.

ORDERED on this _____ day of _________, 20___.

__________________________________________

Circuit Judge

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