Understanding The Notice Of Administration

Losing someone you love is one of the hardest things you will ever go through. You and your loved ones are grieving and trying to adjust to a life without your other family member. At this time, it may seem confusing if you receive a Notice of Administration. You may not even think it is important, but that is not the case. If you do not understand the notice, or the steps to take after receiving it, it can create issues for you and your surviving loved ones.

What is a Notice of Administration? 

A Notice of Administration is a document sent to interested parties in the estate that administration of the deceased’s estate has begun. The Notice of Administration will contain important information, including:

• The individual has passed away
• Probate has been opened to begin administration of their estate
• The name of the personal representative who petitioned the probate court
• The terms of the person’s Will that will be proved and followed by the probate court
• The deadline for interested parties to claim their rights to the estate

Generally speaking, the Notice of Administration must be sent to interested parties between 20 days and 3 months after the petition is filed with the court.

Who Receives a Notice of Administration? 

It is the duty of the personal representative to ensure that all interested parties receive a Notice of Administration. Most commonly, this includes:

• The deceased’s spouse
• Any beneficiaries named in a Will or a trust
• The trustee of any trust drafted by the deceased
• Individuals receiving property exempt from probate
• Court-appointed conservators and guardians
• Guardians and parents of minors, including minor beneficiaries and heirs
• The next of kin of the deceased

Rights Associated with a Notice of Administration

 Anyone who receives a Notice of Administration has 90 days to file petitions to replace or remove the personal representative or to file Will contests. People who receive a Notice of Administration can also file a claim for a share of the estate if there is no Will if they had a legal relationship with the deceased. Creditors will receive a Notice of Creditors and they then have a similar deadline to make a claim against the estate.

It is important to note that receiving a Notice of Administration does not provide you with any rights. It simply provides you with an opportunity to exercise your rights. If the personal representative should have sent you notice but did not, it can delay the administration of the estate. After learning about the estate administration you can then object later, even if the timeline has passed.

Our Probate Administration Lawyer in St. Petersburg Can Help You Through the Process 

If you have received a Notice of Administration, or you should have but did not, our St. Petersburg probate administration lawyer can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can advise on the next steps to take and make the process as easy as possible for you. Call us now at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html