At the end of a formal administration, the personal representative, after the personal representative has fully managed the estate, will request the discharge. The discharge application, pursuant to Section 733.901, Florida Statutes, terminates the responsibilities and powers of the personal representative for the estate and essentially terminates the administration. Before the dismissal, however, a personal representative is required to file a final invoice to the estate court in Florida in accordance with the Florida Probate 5,400 rule. In a formal administration, a personal representative may require recipients and other interested parties to sign a waiver of accounting, receipt and approval of the discharge in order to terminate the estate more quickly. If other interested parties sign the waiver, the estate may avoid certain additional costs if the personal representative establishes an accounting. The first document is the petition on administration, which marks the beginning of formal succession management. The waiver of the petition for formal administration and other documents are authorized by Section 731.302, Florida Statutes. In accordance with Section 731.302, Florida Statutes, an interested person may, following the filing of an administrative application, “renounce any right or communication to file a document, exhibition or calendar, to the extent of that person`s interest or the interest it represents, and accept any act or procedure that may be required or admissible by this code.” In the case of an administrative application, it is likely that the interested person filing the waiver will waive that person`s ability to be a personal representative (if any), any objection to the will that is tested (if there is a will) and the receipt of notification of the administration request, and agree to seize the order that authorizes the will to take over and appoint a personal representative. These are the most common elements of this type of waiver of The Petition for Administration, but it may be others depending on the particulars of the case.
If you are a person interested in a Florida estate case, you may be concerned about the length of time the estate is being administered. A summary administration can last up to several months depending on the number of creditors. Formal administration may take up to six months or more, depending on the complexity of the case and in the case of a matching procedure. One of the methods that probate lawyers can use to expedite the resolution of an estate case is the use of waiver declarations. Please note that the content of this article is not legal advice. If you are invited to sign a waiver, contact a lawyer. A waiver letter is issued by a secured lender for the benefit of another lender who waives a specified security asset. As a general rule, the waiver can be revoked by written notification.