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?
- 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