Notice of Administration in Probate
Losing a loved one is never easy, and the last thing you may want to deal with during your grief is paperwork from the Florida probate court. Still, if you receive a Notice of Administration, it’s important to pay close attention. This notice outlines key rights, deadlines, and responsibilities in the probate process. Ignoring it could lead to serious complications for you and your family as the estate moves forward.
A Notice of Administration is a formal legal document issued by a Florida probate court after someone passes away and their estate enters probate. It is usually prepared and served by the personal representative (executor) of the estate.
Its purpose is to:
- Inform the interested parties that probate has started.
- Provide details about the estate, such as the decedent’s name, court case number, and whether there’s a valid will.
- Identify the personal representative and their attorney.
- Explain important deadlines for taking action, such as objecting to the will’s validity, filing claims for exempt property, or electing an elective share.
The Notice of Administration officially starts the clock on certain legal rights. If someone fails to respond or act within the deadlines, they may lose the ability to challenge the will, claim property, or assert other rights in the estate.
Who Receives a Notice of Administration?
The personal representative has a legal duty to notify all interested parties that the probate process has begun. This is done by serving a Notice of Administration on the following people:
- The decedent’s surviving spouse
- Beneficiaries named in the will or trust
- Trustees of any trusts created by the decedent
- Parents or guardians of minor heirs or beneficiaries
- Court-appointed guardians or conservators
- Anyone entitled to claim probate-exempt property
- The decedent’s next of kin if there is no valid will
The notice must clearly state:
- The decedent’s name, estate file number, court details, and whether the estate is testate or intestate (including will dates if testate).
- Contact details for the personal representative and their attorney, plus note that the fiduciary-attorney privilege applies.
- A warning that by not objecting, one might waive rights to contest a trust or other referenced document
The Notice of Administration must also include important deadlines:
- Objections to will validity, venue, or jurisdiction: Due within three months of notice service.
- Exempt property claims: Must be filed by the later of four months from notice service or 40 days after the conclusion of any related proceeding
- Election of elective share (typically for surviving spouse): Due by six months after notice service or two years after the decedent’s death, whichever comes first.
Seek Legal Help
Probate is not an easy process to handle on your own, especially when you are already dealing with the effects of a loved one’s death. It’s crucial that you get experienced legal help to simplify the process.
Have questions about probate? Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A has answers. We can handle your Florida probate case with skill and efficiency. Call 954-764-4330 or fill out the online form to schedule a consultation with our office today.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.212.html
