Tazewell, VA asked in Probate for Florida

Q: I need a Consent from my half sister but she is in TX and wouldn't be able to notarize it in PB County. What can I do?

I filed for Summary Administration with a will. My half sister is the only other child of my father (the decedent) but was not a beneficiary of the will. The court sent notice I would need "Consent to motion, petition or stipulation from personal representative and to manner of distribution" from my sister. That's no problem. She'd get whatever I needed notarized. But she's in TX. She's not going to make a trip to West Palm Beach just to notarize a form and it says "All consents must be notarized in Palm Beach County". How is that going to work? What can I do?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: That is indeed strange. Florida Statutes 735.201 through 725.2062 (the part of the statutes dealing with summary administration) don't even require consents from heirs. And they definitely don't require that a consent be notarized in the county where the is filed. I suggest you ignore that language, get your sister to execute the consent before a notary in Texas, and then see if the court raises the issue.

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