What is a Notice of Administration?

A notice of administration is a formal document that is part of a Florida probate estate.  It is prepared by the Personal Representative and lets interested people know their rights when someone dies. The notice of administration must be served promptly in the manner provided for service of formal notice (e.g. Certified Mail return receipt requested) on the following persons who are known to the personal representative:

(a) The decedent’s surviving spouse;

(b) Beneficiaries;

(c) The trustee of any trust described in s. 733.707(3) and each qualified beneficiary of the trust as defined in s. 736.0103, if each trustee is also a personal representative of the estate; and

(d) Persons who may be entitled to exempt property.

What must the Notice of Administration contain?

Pursuant to Florida Statute 733.212 the personal representative must make the notice after being issued letters of “administration”. The notice must contain the following important details:

(a) The name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, whether the estate is testate or intestate, and, if testate, the date of the will and any codicils.

(b) The name and address of the personal representative and the name and address of the personal representative’s attorney, and that the fiduciary lawyer-client privilege in s. 90.5021applies with respect to the personal representative and any attorney employed by the personal representative.

(c) That any interested person on whom a copy of the notice of administration is served must file on or before the date that is 3 months after the date of service of a copy of the notice of administration on that person any objection that challenges the validity of the will, the venue, or the jurisdiction of the court. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by subsection (3), all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.

(d) That persons who may be entitled to exempt property under s. 732.402 will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property.

(e) That, unless an extension is granted pursuant to s. 732.2135(2), an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or a guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death.

(f) That, under certain circumstances and by failing to contest the will, the recipient of the notice of administration may be waiving his or her right to contest the validity of a trust or other writing incorporated by reference into a will.

(g) That the personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216–732.228 applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under s. 732.2211.

Certain Objections are Waived if not made within 3 months after receiving the Notice of Administration

Any interested person who receives a copy of the notice of administration must object to the validity of the will, the venue, or the court’s jurisdiction by filing a petition or other pleading requesting relief within the Florida Probate Rules. This objection must be filed within 3 months of the date the notice of administration is served on the objecting person, or the objection will be permanently barred. However, this 3-month period can be extended only for estoppel if the personal representative misstates the time limit for filing an objection. Any other reason for extending the time period, such as affirmative representation, failure to disclose information, or misconduct by the personal representative or others, is not permitted. Unless otherwise barred by this subsection, all objections to the validity of a will, the venue, or the court’s jurisdiction must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after the service of the notice of administration.

Have you received a Notice of Administration?

If you have received a notice of probate administration, it is important that you carefully review your options and take any steps necessary to preserve your rights before they expire.  Contact Ormond Beach probate lawyer Andrew J. Pascale at 877-667-1211 to help ensure that the probate estate is being administered in conformity with Florida law and that your rights as a beneficiary or interested person are protected.