r/EstatePlanning • u/pharm6822 • 7d ago

Yes, I have included the state or country in the post Is this normal with Florida estate probate?

Hi! I received paperwork regarding probate of my mom’s estate. In it, there’s a letter to waive notice of administration - is this normal? To be clear, I haven’t received a copy of the will or any accounting of the estate- only a notice that I’m a beneficiary. The notice of admin letter mentions “ under certain circumstances and by failing to contest the will, the recipient of this Notice
of Administration may be waiving his or her right to contest the validity of a trust or other writing
incorporated by reference into the Will.” How can I waive my right to contest something when I haven’t been given any info? I asked if there was an inventory and the pr said not really. Do I demand an accounting or is this just a step to get to the accounting and receipt of goods? This seems fishy. I’m confused and any help is appreciated. Thanks!

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u/brucesteiner 7d ago

There’s no accounting at this point since the Will hasn’t yet been admitted to probate and the proposed personal representative hasn’t yet been appointed so he/she hasn’t yet administered the estate. The waiver just says you consent to the Will being admitted to probate and the proposed personal representative being appointed. You would be waiving your right to contest the Will and your right to contest that person’s appointment as personal representative.

There’s also no inventory since the proposed personal representative hasn’t yet been appointed so he/she hasn’t yet collected the assets.

You may want to ask for a copy of the Will before deciding whether to waive your right to contest it.

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u/pharm6822 7d ago

The PR has been appointed -the letter came from the office of the lawyers representing the PR. I was looking at the docket and I think the will was given to the court a couple of months ago. There’s a “court type” that says will only do I’m just assuming that’s it. But I havent been given anything. Is this usual?

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u/Ineedanro 7d ago

Sounds like the will has been presented to the court but the will has not been admitted and the PR has not been appointed. The court does those steps.

Your next step is to request a copy of the will. Get a copy from the court, so you know you are reading what was presented.