You may have heard the terms “Executor” “Executrix” “Administrator” “Administratrix”, or “Personal Representative.” These are all synonymous terms used to describe the person entrusted with administering the estate of a person that has passed away. Florida uses the term “Personal Representative” for this person. The Personal Representative is appointed by the court to oversee the probate of your estate. In your Last Will and Testament, you can designate a person of your choosing. Choosing the right person to be your “Personal Representative” is crucial as this person will be instrumental in ensuring that your last wishes are fulfilled.
Many disputes revolve around the Personal Representative’s actions, so understanding their role is important. Whether you are a beneficiary or have been named as a Personal Representative in someone’s estate, an experienced estate attorney can help you navigate what can be a complicated situation. Under Florida law, a Personal Representative must be represented by an attorney at all times.
Requirements that need to be met to be a Personal Representative in Florida
- Must be at least 18 years old;
- Must be physically and mentally capable of serving as the Personal Representative;
- Must be a resident of Florida, unless related to the decedent by blood, marriage, or adoption; and
- Never been convicted of a felony.
Duties of the Personal Representative
- Notifying all heirs and other interested parties that probate administration is pending before the court
- Identifying and taking control of any estate assets
- Filing tax returns and paying taxes
- Paying creditors’ claims
- Managing any assets such as businesses, investments, or real estate while the will is being administered
- Selling assets to satisfy claims against the estate
- Filing all necessary documents and other paperwork with the court
- Distributing assets to the heirs
- Preparing and submitting a final accounting to the court
See this Personal Representative Handbook for more detailed information on what is required of the Personal Representative.
Selecting a Personal Representative
You should select a Personal Representative that you believe handles stressful situations well. A Personal Representative’s duties are deadline driven and often require a lot of detailed work. Selecting a Personal Representative who is more removed from the hardship of your passing may help prevent feuds or bitterness in the dispersal of your estate.
Get Experienced Advice and Counsel
The selection of a Personal Representative is a decision that you cannot undo after the fact and is one that needs great consideration. Getting the right advice and counsel on such a decision is imperative. If you have any questions regarding selecting a Personal Representative or any other estate matter contact us to schedule a consultation to get the answers and direction you need.
