There are many reasons why a Miami personal representative may wish not to serve. The person may not be qualified to handle and manage the estate, they may live out of the area, have personal and business constraints that prevent them from serving, they may be in poor health or just don’t have the time. A personal representative of a Miami estate can resign if they choose to by filing a petition for resignation with the Miami-Dade probate court and serving a notice of the resignation and petition for resignation on all interested parties.
Petition for Resignation
Under Rule 5.430 of the Florida Probate Rules, The petition to resign should state:
• That the person desires to resign and be relieved of any further duties, powers and obligations.
• The status of the estate administration and that the resignation will not jeopardize the interests of the estate.
• Whether there are any proceedings against the personal representative that may be pending.
• Whether a successor personal representative is necessary and the name of any remaining personal representative or name of name of a successor personal representative under Florida Probate Code.
• The personal representative must deliver all records and documents pertaining to the estate to the remaining personal representative or the successor who has been named. If there is no named successor, the court has the power to appoint one.
The court will accept the resignation, and revoke the letters of the personal representative as long as the resignation does not jeopardize any of the estate’s interests.
An attorney for the estate can also act as the personal representative so long as a majority of the beneficiaries approve the appointment.
Petition for Discharge
Also, the personal representative is also required to file a petition for discharge within the 30 days after the letters of the resigning personal representative are revoked by the court. Notice must be served upon all interested parties. The petition for discharge should contain the following:
• That the personal representative has resigned and that the personal representative has delivered all the estate’s remaining undistributed assets, all documents and other papers relating to the estate,
• The amount of any compensation due to the personal representative for services rendered and any other professionals that the personal representative may have hired.
The interested parties have the right to object to any accountings delivered by the resigning personal representative within 30 days of receipt of the notice of petition for discharge.
Miami Probate and Estate Attorney
Since Florida laws are so complex, if you are a personal representative who no longer wants to serve or you need assistance with handling estate matters, it is recommended that you contact a Miami probate and estate attorney to assist you.
If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.