Legal Question in Wills and Trusts in Florida

Do I have the right to wave being named Executor? I reside in NJ. Estare in Flor

I have been named Executor of my fathers estate in Florida. I reside in New Jersey. I have four siblings including two that live in Florida,

Do I have the right to wave being named Executor? If yes, how?

Thank you!


Asked on 10/31/04, 11:17 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Do I have the right to wave being named Executor? I reside in NJ. Estare in

Yes. You can sign a waiver.

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Answered on 10/31/04, 11:20 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: Do I have the right to wave being named Executor? I reside in NJ. Estare in

You may waive your right to act as executor (called Personal Representative in Florida). Normally the attorney handling the probate would prepare a Waiver for your signature, although any signed document by you clearly expressing that you do not wish to serve should be sufficient. Then the next one named in the will would have the right to act. If there is no successor named, then a majority of the interested parties (beneficiaries named in the will) may select whom they wish to act. The Personal Representative must either be a relative of your father OR a resident of Florida.

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Answered on 10/31/04, 2:50 pm


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