What Is a Notice Administrator? Understanding Notice of Administration and Its Importance in the Court System

As you may have noticed during the management of a deceased person’s estate, your attorney has likely informed you of the essentiality of issuing Notice of Administration to all relevant parties. But who should be served with such a notice, and what is its purpose? Read on to find out everything you need to know about the essentials of a notice administrator.

Why File a Notice of Administration?

The objective of sending a Notice of Administration is to guarantee due process. This ensures that the person in question has been sufficiently informed about how their right to property may be affected by the outcome of court proceedings and allows them sufficient time to challenge, defend or protect it before judgment is passed. By taking these steps, we ensure fairness for all parties involved and uphold our commitment to justice.

After a petition for administration is accepted, the personal representative may serve the Notice of Administration to ensure due process. This notice serves to inform people affected by the decedent’s property that it is being administered and provides them with limited time to protect their interests in said property.

By serving this document promptly after initiating the procedure, everyone who has an interest can be informed timely and adequately about matters regarding estate planning.

When to Serve a Notice of Administration

When serving Notice of Administration, the personal representative must ensure that all relevant parties are informed. These include a surviving spouse (if any), beneficiaries, trustees, and those who may be eligible for exempt property. For minors or persons under guardianship, it is necessary to notify their natural parent/custodian or appointed guardian respectively.

While not obligatory, it is recommended that the personal representative serve a Notice of Administration on persons mentioned in a prior Will or those who might have an interest in the decedent’s estate. Examples include any immediate lineal descendants excluded from their ancestor’s Will. This ensures all relevant parties are duly informed and can take steps to protect their rights, if needed.

If the required individuals are not served Notice of Administration, they may object to the Will and administration proceedings. To do this, their objection must be filed by a certain date—the day when the personal representative is no longer responsible for handling the estate. Failure to serve these people with appropriate notice will result in potential delays or complications, which could prevent the finalization of an estate’s administration.

What’s Included in a Notice of Administration?

The Notice of Administration must contain essential information for the surviving spouse, beneficiaries, and exempt property takers. This document should include the decedent’s name and their probate case number as well as details about any will or addenda that have been written, such as when they were created and from what court (or venue)

Objection Timeframe

Anyone interested in the estate proceedings must submit any objections that challenge the authenticity of the Will or contesting venue or Court jurisdiction within three months after receiving a Notice of Administration. If such an objection is not filed before this set date, it will be deemed waived and invalid.

After the Notice of Administration is served, you must act quickly to object to probate proceedings. Typically, this is done by sending a certified mail with return receipt; however, hiring a process server may be needed as well and will cost more. The clock starts ticking at the time of service.

Don’t forget that any objections must be filed within three months (not 90 days) of the date the Estate is being administered. It’s also important to remember that when determining if an objection was timely filed, it will always be based on the date it was actually submitted to the Clerk of Court in the county where the Estate is located and not when it has been served.

The Notice of Administration outlines deadlines for persons entitled to exempt property, which typically consists of four components:

1. Household furniture valued at a maximum of $20,000;

2. Two vehicles that are both lighter than 15,000 pounds in weight and owned by the decedent or his family for personal use;

3. Benefits provided through Florida Statute 112.1915 (death benefits for school administrators and teachers); and

4. Qualified college tuition plans.

The Notice of Administration notifies the surviving spouse about their time constraints to petition for an elective share in the decedent’s estate. Though further details concerning a partner’s entitlement are beyond this article, ultimately, they may be eligible for 30% of the deceased individual’s possessions (depending on certain restrictions).

Closing Remarks

It is a legal requirement to notify the relevant parties and those who may be affected by the outcome of an estate. The Notice of Administration provides due process, ensuring that all persons are afforded enough time to act on their entitlements (if applicable).

If you have received a Notice of Administration or feel that your rights to a decedent’s property may be affected but did not receive such notice, it is imperative to seek counsel from an attorney before the expiration of your possible rights. This holds especially true if there are any suspicions concerning the validity of the Will in question.

Need Legal Counsel?

Contact Doane & Doane and have an experienced legal team review your situation to ensure that all parties are given their due process. This is the simplest way to protect your rights and ensure a smooth transition of probate proceedings.

The dedicated attorneys at Doane & Doane would be more than happy to help you navigate through this difficult time in your life. Contact us today so that we can help you get the answers and assistance you need. It is our duty to provide you with comprehensive legal guidance so that no one is deprived of his or her rights. 

We understand how complex and confusing the probate process can be, so let us handle it for you. Our team of knowledgeable lawyers will help make sure your case is handled correctly. Contact us today at (561) 656-0200 to get started. With our help, you can rest assured that your rights will be defended and the best possible outcome will be achieved.

The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.