If you are an interested person in a Florida probate case, you are likely entitled to receive notice of the documents and actions taking place in the probate case. If you do not want to receive notice or otherwise think that you do not need to receive notice, you may be able to waive your right to notice in these proceedings. Additionally, you may waive your right to receive notice in a Florida probate case by failing to take certain actions that are required to enforce your rights. In this blog post, we will review the requirements for a waiver of notice and how it may happen.
Waiver of notice is governed by section 731.302, Florida Statutes. Under section 731.302, “Subsequent to the filing of a petition for administration, an interested person, including a guardian ad litem, administrator ad litem, guardian of the property, personal representative, trustee, or other fiduciary, or a sole holder or all coholders of a power of revocation or a power of appointment, may waive, to the extent of that person’s interest or the interest which that person represents, subject to the provisions of ss. 731.303 and 733.604, any right or notice of the filing of any document, exhibit, or schedule required to be filed and may consent to any action or proceeding which may be required or permitted by this code.”
Florida Probate Rule 5.180 sets out the requirements for such a waiver. Under Rule 5.180(b), the waiver must contain the following information: the person’s interest in the subject of the waiver, the capacity of the person signing the waiver, what is being waived, and if the waiver is for compensation, then the amount of compensation. Furthermore, under Rule 5.180(c), the waiver must be filed in the Florida probate case. For the purposes of this blog post, the waiver that we are discussing is a waiver of notice. Therefore, the information set out in the waiver is going to be include details of the notice being waived in addition to the other details required.
A waiver of notice is really only beneficial if you know that you are not going to be receiving anything of value from the Florida probate estate or if you have already waived any distribution from the estate. Since waiving notice is an important decision, you should consult with an attorney before agreeing to any waiver. If you have questions about a Florida probate case that you may be involved in, contact us today to schedule a free consultation.
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