Legal Question in Wills and Trusts in Florida

When seeking a waiver of bond for the administration of an intestate estate in Florida, is it necessary that ALL heirs sign a waiver of bond? I am interested in the citation/authority so I can study it for myself. I have found some authority in Georgia, attached here below, but am seeking Florida specific law.

"3. With respect to the conditions under which the judge may, pursuant to O.C.G.A.� 53-7-1(b), waive bond and/or grant certain powers contained in O.C.G.A. �53-12-261, please note:

(a) All of the heirs must consent, and

(b) Notice must be published."

http://w2.georgiacourts.gov/probate/fillable-pdf/GPCSF3 - pet letters of administration final 6-12 Form Fillable.pdf


Asked on 7/19/15, 9:51 am

1 Answer from Attorneys
Thomas Shigo The Shigo Law Firm, P.A.

Under F.S. 733.402(4), any interested person my file a petition to waive bond for the personal representative of the estate. As a practical matter, having the heirs each sign a waiver of priority of appointment, consent to appointment of erosional representative, waiver of service of notice of administration and waiver of bond is the best bet.

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Answered on 7/20/15, 9:46 am


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