Q: What is the waiver of petition and notice of administration?
This is for my uncle who passed away. My aunt asked her friend who is a lawyer to help with this and he sent it to all of us.
A: There are a lot of different waivers for many different things in probate, it is usually to speed up the process and move things along. If you have any doubts about anything you should no doubt have the documents reviewed by a Florida Probate Attorney. One question I would ask, if there is a Will, have you been provided with one previously or with these documents? Notice of Administration is notifying you that a probate is going to commence, the document usually states your options, waiver usually is asking you to join in the petition and to agree to what it is saying (appointment of personal representative or otherwise as stated in the document). The reality is that an attorney represents the estate/personal representative/petitioner and not the individual beneficiaries like yourself, therefore it may be wise to have your own attorney review documents and what you are being asked to agree to as no one else will be looking out for your best interests. This is especially so if you have any concerns or doubts or based on familial interplay with respect to how everyone gets along and or trusts one another. You really need to provide the complete document and have it looked at always and explained so you can get an exact answer. Waivers are common, but make sure you understand what they are saying and what you are waiving and agreeing to ongoing.
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