Florida Probate Rule 5.180

Waiver and Consent

Text of the rules effective October 1, 2026.

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  1. (a)
    Manner of Execution. A waiver or consent as authorized by law shall be in writing and signed by the person executing the waiver or consent.
  2. (b)
    Contents. The waiver or consent shall state:
    1. (1)
      the person’s interest in the subject of the waiver or consent;
    2. (2)
      if the person is signing in a fiduciary or representative capacity, the nature of the capacity;
    3. (3)
      expressly what is being waived or consented to; and
    4. (4)
      if the waiver pertains to compensation, language declaring that the waiving party has actual knowledge of the amount and manner of determining the compensation and, in addition, either:
      1. (A)
        that the party has agreed to the amount and manner of determining that compensation and waives any objection to payment; or
      2. (B)
        that the party has the right to petition the court to determine the compensation and waives that right.
  3. (c)
    Filing. The waiver or consent shall be filed.

Notes

Committee Notes

One person who serves in two fiduciary capacities may not waive or consent to the person’s acts without the approval of those whom the person represents. This rule represents a rule implementation of the procedure found in section 731.302, Florida Statutes.

Rule History
1977
Extends right of waiver to natural guardian; clarifies right to waive service of notice of administration.
1984
Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised.
1988
Procedure from section 731.302, Florida Statutes, inserted as new (1)(f), and a new requirement that the waiver be in writing has been added. Editorial changes. Committee notes expanded. Citation form changes in committee notes.
1992
Editorial changes. Committee notes revised. Citation form changes in committee notes.
1996
Addition of specific fee waiver disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all fees. Committee notes revised.
2003
Committee notes revised.
2006
Rule extensively amended to remove references to interested persons’ right to waive or consent, which is governed by section 731.302, Florida Statutes, and to address manner of execution and contents of waiver. Committee notes revised.

References

Statutory References

  • § 731.302, Fla. Stat. Waiver and consent by interested person.
  • § 731.303, Fla. Stat. Representation.
  • § 733.6171, Fla. Stat. Compensation of attorney for the personal representative.

Commentary from Matt Weidner

Probate attorney, Weidner Law, St. Petersburg. Videos open in a player.

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