Understanding The Notice Of Administration
After someone you love passes away, you may receive a Notice of Administration from the probate court in Florida. At this time, you are likely still grieving the loss of your loved one, and you may just be trying to move forward without them in your life. The last thing you may be thinking about is probate or administering your loved one’s estate. However, if you have received a notice of administration, it is critical that you know the steps to take. Ignoring the notice could create issues during the probate process.
What is a Notice of Administration?
A Notice of Administration, officially called a Formal Notice of Petition for Administration, is a form that is mailed out once a deceased person’s estate starts being administered. This form is meant to notify anyone with a potential interest in the estate of the following:
- The decedent has passed away,
- Probate has begun to administer the estate,
- The names of anyone interested in acting as the personal representative of the estate,
- A copy of the deceased’s Last Will and Testament, or a description of its contents, and
- The deadline for anyone who wishes to contest the will or claim a share of the estate.
Who is Sent a Notice of Administration?
It is the duty of the personal representative of the estate to ensure all pertinent parties are aware that probate has started to administer the decedent’s estate. As such, the Notice of Administration must be sent to the following:
- The deceased’s surviving spouse,
- All beneficiaries named in the will, a trust, or other estate planning documents,
- Any trustee named in a trust established by the decedent,
- Parents or guardians of any minor children, including beneficiaries or heirs who are minors,
- Court-appointed conservators and guardians,
- Anyone with a right to property that is exempt from probate, and
- The next of kin of the deceased.
Although not legally required, it is often recommended to send a Notice of Administration to anyone named in a previous will, individuals who were omitted from the will, and anyone with a potential interest in the estate.
What Rights Does a Notice of Administration Provide?
Recipients of Notices of Administration have up to 90 days after receiving the Notice to take certain legal action. They may choose to contest a will, challenge the appointment of the personal representative, or make a claim to a portion of the estate. While receiving a Notice of Administration does not on its own provide the recipient with certain rights, it does inform them of their legal right to exercise them.
Call Our Probate Lawyer in Daytona Beach After Receiving a Notice of Administration
If you have received a Notice of Administration, it is important to contact our Daytona Beach probate lawyer at Bundza & Rodriguez. We can advise you of your rights and any inheritance you may be entitled to according to your loved one’s estate plan. Call us now at 386-252-5170 or contact us online to schedule a meeting with our attorney and to learn more.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
