Tallahassee, FL asked in Probate for Florida

Q: Should I sign a waiver of service of notice of administration? If I do what does it mean in general?

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate. While it is common for waivers to be sent and to be signed in order to save, time, effort and costs to a certain degree, you do not want to go about signing waivers that you do not understand or review. If you have any doubts about the PR or the estate or the going-ons related to the estate or the Personal Representative handling the estate, I would not be quick to sign any documents. At minimal, you should speak with and discuss your options with a Florida Probate Attorney if this is in Florida, otherwise you shoudl discuss it with an attorney form the state where this probate is taking place. If everything is on the up and up and you are okay with what is taking place, then your signature of this and likely other documents may move things along quicker and in a more efficient manner. If you have any doubts or concerns, you should not be signing waivers. For instance, have you recieved an inventory and a copy of the petition and other documents related to the estate, if not, then again, I would not be signing these documents until they can be provided for review. Start with a discussion with your own probate attorney.

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