Q: How to get formal notice to someone overseas?
I have completed the entire form for Pinellas county, however the other beneficiary lives in Europe and neither she nor I have been able to figure out how to satisfy this requirement:
"PROOF OF SERVICE OF FORMAL NOTICE
Under penalties of perjury, I swear or affirm that on (date) ______________, a copy of the Petition
for Summary Administration, the Petition to Determine Homestead Status (if filed), Petition to Determine
Exempt Property (if filed) and a copy of the formal notice thereof filed in the above proceeding were mailed
by United States registered or certified mail, return receipt requested, postage prepaid, or were delivered in
a manner permitted by Florida Probate Rule 5.040(a) to: "
All documents for other aspects of the estate have been scanned and sent as email attachments, but this seems to not be acceptable for the "Formal Notice" needed by Florida.
A: Hi! Thanks for your question. If the other person is also an heir or other interested party, they can sign a joinder, waiver and consent to the petition. This joinder, waiver and consent form also includes language stating that the person waives notice and hearing. If you can find the joinder, waiver and consent form, then use that instead of formal notice. Have them sign (even electronically) and return it to you to file together with your other court documents. If you are still having difficulty filing a summary administration on your own, then you may need a probate attorney. Our office handles probate estates anywhere in Florida, and we offer a free 15 minute phone consultation.
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