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Motion to Admit Will to Probate

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA

Case No.: 11-xxxx-CP

IN RE: THE ESTATE OF Division: 03

T.P.,
    Deceased.
______________________________/

MOTION TO ADMIT WILL DATED NOVEMBER 16, 2009 TO PROBATE, TO APPOINT O.S. AS PERSONAL REPRESENATIVE AND TO ISSUE LETTERS OF ADMINISTRATION

O.S., the named personal representative in the Will of T.P. dated November 16, 20__, by and through her undersigned counsel, files this Motion to Admit Will dated November 16, 20__ to Probate, to Appoint O.S. as Personal Representative, and to Issue Letters of Administration and as grounds therefore states:

1. Initially, P.S. aka “P.S.” filed a Petition for Establishment and Probate of Lost or Destroyed Will and Appointment of Personal Representative of a Will dated January 7, 20__. 

2. However, subsequent to the filing of that petition in August, 20__, O.S. filed a Petition for Administration of a Last Will of T.P. dated November 16, 20__. That Will has been filed with this Court. 

3. On September 15, 20__, this Court entered an order declaring that the proceeding is adversary. The lost or destroyed Will dated January 7, 20__ has been revoked by the decedent’s Last Will dated November 16, 20__. 

WHEREFORE, O.S. respectfully requests that this Court enter an order admitting the November 16, 20__ Will of T.P. into probate, appointing O.S. as Personal Representative and issuing Letters of Administration. 

CERTIFICATE OF SERVICE

IT IS HEREBY CERTIFIED that on December , 20__, a true and correct copy of the foregoing was mailed by U.S. Mail to Esther T. Blynn, Esq., Law Offices of Blynn & Blynn, P.A., Biscayne Centre, 11900 Biscayne Boulevard, Suite 269, North Miami, FL 33181.

SACKRIN & TOLCHINSKY, P.A.
Attorneys for Defendant(s)
2100 East Hallandale Beach Blvd., #200
Hallandale Beach, FL 33009
Telephone: (954) 458-8655
Facsimile: (954) 455-3388

By__________________________________________
ALAN D. SACKRIN, ESQ. Florida Bar No. 349070
LARRY TOLCHINSKY, ESQ. Florida Bar No 021997

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This is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon for any probate matter. We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique.