Pensacola, FL asked in Probate for Florida

Q: Do I need to sign a waiver while my property is in probate

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1 Lawyer Answer
Victoria Morales
Victoria Morales
  • Probate Lawyer
  • Palm Beach Gardens, FL
  • Licensed in Florida

A: As an heir or beneficiary of property being administered in a probate proceeding in Court, a person may be asked to waive or consent to a number of actions. It is not clear from the question what the waiver is for, and what type of property, real or personal, this is.

Typically, beneficiaries of an estate may waive their right to be the personal representative of the estate, consenting to the appointment of a particular individual as personal representative, and also waive the requirement of notice of administration, thus allowing the personal representative to administer the estate more efficiently as it may accelerate or even eliminate certain procedures. This is not inherently good or bad. It needs to be viewed under the particular circumstances in a case.

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