What is the Role of the Personal Representative in Florida Probate?
Personal representatives are responsible for administering an estate during probate, which involves many different duties.
Personal representatives in Florida are individuals who are named in a person’s will. When a person does not leave behind a will after they pass away, the probate court will appoint a personal representative. Known as executors in other states, personal representatives have many duties during the probate process. Their primary responsibility is to ensure a person’s final wishes are fulfilled.
Duties of the Personal Representative in Florida
Personal representatives are fiduciaries who have many duties. They include:
- Initiate probate: The personal representative of an estate initiates probate by filing the decedent’s will with the appropriate probate court. A self-proving affidavit or the testimony of the personal representative or another witness can prove the validity of the will.
- Create inventory of assets: The personal representative is also responsible for creating an inventory of a decedent’s assets. These can include investments, bank accounts, real estate, and personal belongings. Personal representatives must also safeguard assets throughout the probate process.
- Notifying beneficiaries and creditors: Personal representatives must directly notify all known creditors and publish a notice in a local newspaper to notify unknown creditors. Creditors then have a limited amount of time to file a claim against the estate for unpaid debts. Beneficiaries must also be notified of the death and any inheritance left to them.
- Asset distribution: After all taxes, debts, and expenses are paid from the estate, the personal representative must then distribute any remaining property to the beneficiaries according to the provisions in the will.
- Accounting: Personal representatives must maintain accurate records throughout the probate process of all financial transactions involving the estate. The probate court and beneficiaries must be given a copy of the accounting.
In most cases, personal representatives are required to work with an attorney during the probate process.
Who Can Serve as Personal Representative in Florida?
Any person who is 18 years of age or older and who lives in Florida at the time of the decedent’s death can typically serve as personal representative. A close family member of the decedent can also serve as a personal representative even if they do not live in the state. Individuals must be physically and mentally fit and cannot be convicted of a felony, neglect, or abuse of elderly or disabled individuals.
In most cases, people choose family members, friends, an attorney, or a financial institution to serve as personal representatives.
Call Our Probate Lawyer in Florida Today
Whether you have been named as a personal representative or you are starting to plan your estate, our Florida probate lawyer can help. At Brian K. McMahon, P.A., our experienced attorneys can help you understand the duties of the personal representative, complete them as necessary, or choose someone who is a good fit for the role. Call us today at 561-658-1789 or fill out our online form to schedule a free consultation with our knowledgeable attorney and to learn more about how we can help.