How to Resign as Personal Representative of a Florida Estate

If you are serving as a Personal Representative of a Florida estate and want to get out of that Probate Court appointed role, do you know how to do it?

Can you Resign from the Palm Beach Probate ?

• If you want to resign as personal representative, check out the Florida Probate Code, section 733.502
• This part of Florida probate law is used by Florida probate lawyers when the executor of a Florida estate, what we call a Personal  Representative, wants to resign

Requirements for Resignation

• First, you have to give notice of your intent to resign
• Your probate lawyer in Florida will know how to give notice correctly.  It involves more than an email or  a phone call
• Second, you have got to see if the Florida Probate Judge will even accept your resignation— they may not.   Your Palm Beach estate lawyer will know under what circumstances a probate court may not permit you to resign , and why.
• Third, if you resign, then your authority — called the Florida probate Letters of Administration — need to be revoked or cancelled
• Fourth, the probate court order appointing you needs to be vacated

Important Florida Probate Pointers

• The outgoing personal representative will want to be discharged or released from liability
• You have to file a petition for this in the Florida probate proceeding
• You may have to file a probate accounting unless the Florida estate beneficiaries waive this…..even then, the probate court may STILL require you to file an estate accounting
• Make sure you handle the issues of getting compensation for serving as personal representative and insure that your Palm Beach estate attorneys fees are paid
• In the end, it’s not as simple as filing a paper with the Probate  Court