In Florida, probate and estate administration has many layers and responsibilities to the personal representative. One of the key roles is serving a notice of administration on specific people. This is critical because if there are issues with the estate plan and a person wants to file an objection for any reason, there is a time limit for them to do so.
For guidance with this complicated process, it is important to be on strong legal ground. Having help with any challenge that arises may be essential to achieving what the testator intended and trusted the personal representative to accomplish.
Important points about notice of administration and objections
The personal representative must serve a copy of the notice of administration to the surviving spouse, beneficiaries of the estate, a trustee plus qualified beneficiaries of the trust and those who may be entitled to exempt property.
Time limits are important under this law. Interested persons who received the notice of administration must file an objection within three months to the day of having been served. This is to challenge the will’s validity, the venue where it was filed or the court’s jurisdiction.
If the personal representative made a misstatement, the time limit can be extended based on “estoppel.” This is a legal term for this type of situation that people may need experienced legal guidance to fully understand. There cannot be an extension in any other circumstance.
Regarding exempt property, those entitled to it will be viewed as having waived their rights unless they have filed a petition or one was filed for them within four months of receiving the notice of administration or 40 days after a proceeding regarding the estate plan’s construction, being admitted to probate or about its validity.
Probate and estate administration can be complex and assistance can be key
Creating an estate plan is a wise step to being fully prepared for the future. Having a will, trust or other document is only part of it. Probate and estate administration is also necessary to ensure the testator’s estate is handled correctly and those who have the right to lodge objections are granted the opportunity.
Time limits are essential and should be known by all involved, including the personal representative, heirs and anyone else who may have a claim to property. Having the right assistance for these cases is imperative to a smooth resolution. Calling for help can provide assistance for all scenarios.
