On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | August 13, 2024 | Estate Administration & Probate
How much does a personal representative get paid in Florida
In Florida, a personal representative’s compensation is based on the estate’s value, which includes the value of the probate assets and any income earned during administration. The state considers the following commission rates to be reasonable compensation:
- 3% for the first $1 million
- 2.5% for all above $1 million and not exceeding $5 million
- 2% for all above $5 million and not exceeding $10 million
- 1.5% for all above $10 million
However, if a personal representative performs extraordinary services, that personal representative can receive additional compensation. Extraordinary services can include selling real estate, litigating, or continuing the decedent’s business.
What are the Roles of a Personal Representative
A personal representative in Florida has several key responsibilities when managing an estate. There are many responsibilities, but a few are:
- Initiating Probate Proceedings: The personal representative must file the will with the appropriate court and prove its validity.
- Asset Inventory: The personal representative needs to make a good faith effort to identify and collect all assets of the decedent’s estate, and prepare a detailed inventory that includes every asset.
- Notification of Creditors and Beneficiaries: The personal representative must notify all creditors and beneficiaries of the estate, including notice to possible beneficiaries or persons with any possible interest in the estate. This includes publishing a Notice to Creditors in a local newspaper and possibly even Notice of Administration as well.
- Managing and Protecting Assets: The personal representative is responsible for protecting the estate’s assets until they are distributed. This might involve maintaining property, managing investments, and ensuring all assets are insured.
- Paying Debts and Taxes: he personal representative must ensure that the estate’s tax obligations are satisfied. The personal representative must also review and handle each creditor claim, including objecting to invalid claims and paying valid creditor claims against the estate.
- Distributing Assets: Once all debts and taxes are paid, the personal representative distributes the remaining assets to the beneficiaries according to the will or state law if there is no will.
- Record Keeping and Accounting: The personal representative must keep detailed records of all transactions and provide an accounting to the court and beneficiaries.
How Long Should I expect to be in the Role of a Personal Representative
The time it takes to settle an estate in Florida can vary widely depending on several factors, such as the complexity of the estate, the number of beneficiaries, and whether there are any disputes or litigation involved. Generally, here are some typical timelines:
- Simple Estates: These can often be settled within a few months, especially if they qualify for summary administration, which is a simplified probate process for smaller estates.
- Standard Estates: For more typical estates that go through formal administration, the process usually takes anywhere between 6 to 18 months.
- Complex Estates: Estates that involve significant assets, multiple jurisdictions, or legal disputes can take over a year, sometimes extending to two years or more.
The probate process involves several steps, including filing the will, notifying creditors and beneficiaries, inventorying assets, paying debts and taxes, and finally distributing the remaining assets to beneficiaries. Each of these steps can add time to the overall process.
Contact Our Offices
For more information about being a personal representative in Florida call our experienced estate administration attorneys at Frye, Fortich & Garcia, P.L. 305-931-3200.
