Legal Question in Wills and Trusts in Florida

Is the PR of an estate required to file a petition for discharge and final accounting with the State of Florida even if a waiver is signed by all beneficiaries of said estate?


Asked on 6/02/10, 9:23 am

1 Answer from Attorneys

Ronald Jones Ronald A. Jones, PA

Yes, and maybe. One way or another you are going to have to file a petition for discharge; that's the only way to close the case and get discharged; by filing a petition for discharge. The judge simply is not going to sign a discharge order until and unless a petition for discharge is filed.

Now, there are different types of discharge petitions; there's at least one that recites full waivers and consents, etc. by all beneficiaries which waive the accounting. That's Petition for Discharge Full Waiver. But, even there; even if all the beneficiaries have filed consents and waivers, unless all creditors have filed receipts saying they were paid in full then you still might have to do accounting, serve it on creditors and wait.

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Answered on 6/02/10, 12:46 pm


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