What Duties Does A Personal Representative Have In Florida?
A personal representative, also known as an executor, is a person named in a will or appointed by the court to handle the administration of an estate. While many states use the term ‘executor,’ Florida refers to this person as a personal representative. Personal representatives have many duties under Florida law. Below, our St. Petersburg probate and trust administration lawyer explains what these are.
Submit Paperwork to the Probate Court
Personal representatives must file many different documents with the probate court. These include:
- Petition for administration of the estate,
- Acceptance of appointment as personal representative,
- Application for probate of will,
- Original death certificate, and
- The original will.
These documents must be filed in the county where the deceased lived. While it is usually the personal representative who files the petition for administration to open the probate, any interested person, including a spouse, cohabitating partner, friend, or even creditor, may file the petition. The court will issue a letter of authority after receiving these documents, which allows the personal representative to start fulfilling the wishes of the deceased.
Notify Certain Parties
The personal representative must also inform any person with an interest in the estate, including persons named in the will and any creditors of the estate, that an estate has been opened. The personal representative is to inform the individuals and known creditors by mail and is to publish a notice in the local newspaper in case of other unknown creditors, who will then have a certain time period to bring a claim against the estate.
Gather Assets
The property within the estate, usually property owned solely in the deceased’s name, is called a probate asset. Once the personal representative is appointed by the court, they must open a bank account for the estate and transfer all estate assets into the account. Depending on the estate, personal representatives may sell property, such as the home or vehicle of the deceased, and place those funds into the estate’s account.
Prepare an Inventory of Property and Accounting of Property
Keeping good records is essential for personal representatives. Personal representatives must prepare an inventory of all the property owned by the person at the time of their death. The value of the property should also be included in the inventory. Beneficiaries must receive a copy of the inventory within three months of the personal representative being appointed by the court. Personal representatives also must maintain accurate and detailed accountings of the estate assets during the probate process.
Pay Debt
Personal representatives should always wait at least four months before distributing property to the beneficiaries to ensure that all creditor claims are made and paid prior to distribution. Until then, only necessary expenses and bills of the estate should be paid. Personal representatives will also pay family allowances, expenses related to administering the estate, and funeral costs.
Distribute Property
Before closing the estate, personal representatives can distribute property to the beneficiaries after the appropriate amount of time has passed. If there is a will, the personal representative must comply with the terms within it. If there is not a will, property is distributed according to state law.
Our Probate and Trust Administration Lawyer in St. Petersburg Can Help with Your Tasks
Personal representatives have many legal duties, but you do not have to do them alone. At Legacy Protection Lawyers, LLP, our St. Petersburg probate and trust administration lawyers can guide you through the process and make it as easy as possible for you. Call us today at 727-471-5868 or contact us online to schedule a consultation and to get more information.
Source:
flsenate.gov/Laws/Statutes/2018/733.302
