Should I Sign a Renunciation If No Will Has Been Filed in Florida? | Florida Probate | FastCounsel
FL Florida

Should I Sign a Renunciation If No Will Has Been Filed in Florida?

What happens if no will has been filed and I’m asked to sign a renunciation? - Florida

The Short Answer

In Florida, being asked to sign a “renunciation” when no will has been filed usually means you are being asked to give up (1) a right to receive property from the estate (a legal disclaimer) and/or (2) a right to serve or have priority to serve in the probate case. If you sign the wrong document, you can unintentionally change who inherits, who controls the estate, and how quickly assets can be distributed.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your family and assets is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines and “Bar” Issues: A disclaimer can be invalid or ineffective if it’s not handled correctly or if you’ve already accepted benefits in a way that legally bars a disclaimer. (This is one reason attorneys review the full timeline before you sign anything.)
  • Burden of Proof and Paper Trail: If there is no will filed, the court and the eventual personal representative may rely heavily on signed documents to determine who has rights and who waived them. A poorly worded “renunciation” can create disputes that delay administration.
  • Unintended Consequences: Disclaiming an inheritance is not the same as “letting someone else handle probate.” It can change who inherits (for example, shifting your share to other heirs, potentially including your own children), and it can affect creditor issues, taxes, and family conflict.

Before you sign, a Florida probate attorney can identify what the document actually does (disclaimer of inheritance vs. waiver of notice vs. waiver of appointment/priority), confirm whether a probate case has been filed, and explain the real-world impact on your rights.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.