The Short Answer

If your probate attorney hasn’t acknowledged a “release” document, the key issue is usually whether the estate is actually ready to be closed and whether the court has entered an order that discharges the personal representative. In Florida, a release document by itself typically does not end the probate case—final discharge generally happens through the probate court process.

What Florida Law Says

In a Florida probate administration, the personal representative’s liability protection usually comes from a court-ordered discharge after the administration is completed, not simply from sending a release to the lawyer. If the estate is not fully administered (for example, creditor issues, taxes, missing receipts, or unresolved objections), the attorney may not be able to move the case to discharge yet—or may need additional documents before filing.

The Statute

The primary law governing this issue is Fla. Stat. § 733.901.

This statute establishes that after administration has been completed, the personal representative is discharged, and that discharge releases the personal representative and bars actions against the personal representative (and the surety) relating to the administration.

For more background on how estates are typically wrapped up, see: closing a probate estate in Florida and the final accounting in Florida probate.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate closure and discharge are tied to case status and court filings; delays can occur if required filings (like a final accounting or discharge petition) are not timely or are incomplete.
• Burden of Proof: The court typically requires evidence that the estate was properly administered and distributed before discharge—often including receipts and documentation supporting distributions and resolved claims.
• Exceptions: Discharge issues can get complicated if there are disputes among beneficiaries, unresolved creditor claims, tax issues, or questions about whether the “release” is valid/complete for all interested persons.

If your attorney is not responding, it can also raise practical concerns about protecting your interests, preserving deadlines, and ensuring the probate court record is complete. A Florida probate attorney can review what you submitted, confirm whether the estate is actually ready for discharge under Florida law, and determine what should be filed with the court (and what should not).

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.