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.
What Florida Law Says
When there is no will filed (or no will exists), the estate is generally handled under Florida’s intestate succession rules, and the court may need to appoint a personal representative to administer the estate. A “renunciation” can be used informally to describe different legal actions, but one of the most significant is a statutory disclaimer—a formal refusal to accept an inheritance or other property interest.
Under Florida’s disclaimer law, a disclaimer can cause your share to pass as though you had died before the interest was created (often meaning your descendants may take your place, depending on the family tree and the type of interest). The timing and delivery/filing requirements also matter, especially if no probate has been opened yet.
The Statute
The primary law governing this issue is Fla. Stat. § 739.201.
This statute establishes that a disclaimer of an interest (including an interest arising under intestate succession) generally takes effect as of the decedent’s death and the disclaimed interest passes as if the disclaimant had died immediately before the interest was created.
Also important in “no will filed yet” situations is where a disclaimer must be delivered or filed. Florida law provides that if no personal representative is serving, a disclaimer of an intestate or will-created interest must be filed with the clerk of court in a county where probate venue would be proper. See Fla. Stat. § 739.301.
Related reading: What happens if I sign a renunciation (waiver) of my right to letters of administration in Florida?
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
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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.