Imagine that following the passing of a family member or loved one, you receive a delivery from a probate attorney’s office several weeks later.
You then discover inside the package various formal papers, along with a letter requesting your endorsement on a Consent document related to the enclosed Petition for Administration in Florida.
Therefore, the question arises: Should you agree by signing the Consent, or should you consider filing an objection?
In this article we will delve into the concept of a petition for administration, and what you should consider before signing the consent.
Understanding The Petition For Administration In Florida
To provide clarity, let us begin by explaining the nature of the request mentioned earlier.
The petition for administration in Florida is a formal document submitted to a Florida probate court with the aim of initiating the administration of a deceased individual’s estate. This petition serves two primary purposes:
- First: It seeks to facilitate the acceptance of a Will (if one exists) for probate. In the absence of a Will, its purpose is to initiate the administration of an intestate estate.
- Second: It seeks the appointment of a legal representative by the court, commonly referred to as a Personal Representative. This appointed individual assumes responsibility for managing the affairs of the probate estate.
Signing the Consent To The Petition For Administration In Florida and Its Implications
First and foremost, it is important to know that signing the consent does not forfeit your rights as a beneficiary, assuming you hold that status.
Now, when a probate attorney requests your signature on a consent to the petition for administration in Florida, they are seeking your agreement for the relief sought in the document to be approved. Essentially, this means you are giving your consent for the acceptance of the will into probate or confirming the absence of a will.
Additionally, the consent signifies your approval of the individual filing the petition to be appointed as the personal representative.
Factors To Consider Before Signing
When considering whether to sign the consent, several key considerations come into play.
It is essential to assess whether the relief requested in the petition raises any objection. To put it in simple words, you have to ask yourself these questions: Do I concur that the will is valid and should be endorsed by the Probate court? In cases where there is no will, Do I agree that one does not exist?
Another aspect to think about is whether the individual seeking appointment as the Personal Representative is eligible to fulfill this role. According to Florida law, certain individuals do not meet the qualifications. This includes those with a criminal record as convicted felons or individuals who neither hold Florida residency nor have blood or marital ties to the deceased.
Another factor to take into account is whether the person making the request holds the appropriate priority for appointment. Typically, in cases involving a will, the individual designated within the will is granted priority. In situations where no will exists, Florida law establishes a predetermined hierarchy.
After considering these variables, if you find no valid reason to contest the relief sought in the petition, then signing the consent is advisable.
The Alternatives – Not Signing And Filing An Objection
If you decide not to sign the consent, then within the twenty-day window that is given following the delivery of the notification serving you with the petition for administration in Florida, you will have to submit an objection. After presenting an objection, you will need to cite the legal grounds on which you disagree with the petition. In case an objection is formally filed, it is probable that the probate court will schedule a hearing to substantiate the basis for your objection.
We Can Provide Legal Guidance
The choice between signing the consent or submitting an objection may encompass legal complexities. Therefore, it is recommended to seek for a probate attorney to evaluate the advantages and disadvantages of granting a consent to the petition for administration. You can call us at (305) 921-0976, or email us at [email protected], or reach us via WhatsApp at +1 (305) 921-0976 to help you with that.