The Short Answer

In Florida, signing a renunciation (or waiver) of your right to letters of administration generally means you are giving up your priority to be appointed as the estate’s personal representative (the person who receives “letters” from the court to act for the estate). The court can then appoint someone else, and you may have less control over how the probate administration is handled.

What Florida Law Says

Florida probate law allows an “interested person” to waive certain rights and notices and to consent to actions in the probate case after a petition for administration has been filed. In practice, a renunciation/waiver is often used to streamline the appointment process by documenting that you are not seeking appointment (or are not objecting to someone else’s appointment), which can reduce delays and disputes.

If you are a surviving spouse, it is especially important to read what you are signing carefully. Florida law also recognizes that a spouse can waive certain rights, including the preference in appointment as personal representative of an intestate estate, but the rules and formalities can differ depending on what rights are being waived and why.

For more background, you may also find these helpful: getting letters of administration in Florida and disputes over who should be appointed.

The Statute

The primary law commonly relied on for probate waivers/consents is Fla. Stat. § 731.302.

This statute establishes that, after a petition for administration is filed, an interested person may waive rights or notice (to the extent of that person’s interest) and may consent to actions or proceedings permitted by the Florida Probate Code.

Why You Should Speak with an Attorney

While a renunciation can be appropriate in some families and estates, the consequences can be significant because it can change who controls the estate administration and how disputes play out. Legal outcomes often depend on:

• Strict Deadlines: A waiver/consent can reduce the notices you receive and shorten the practical time you have to object or respond in the probate case (depending on what you sign and what is filed with the court under Fla. Stat. § 731.302).
• Burden of Proof: If problems arise later (missing assets, questionable transactions, disagreements among heirs), it may be harder to challenge decisions if you previously consented or waived rights connected to administration.
• Scope of What You’re Waiving: Some documents are narrowly about appointment priority; others may also waive notice, objections, accountings, or other rights. If you are a spouse, a document could implicate spousal rights and appointment preference issues under Fla. Stat. § 732.702, depending on how it is drafted.

Because a “renunciation” can be drafted in different ways and can affect your leverage in probate, it’s wise to have a Florida probate attorney review the exact document before you sign—or evaluate your options if you already signed.

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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.