Tailored. Practical. Affordable.

What is the role of a personal representative in Florida probate?

On Behalf of | Jul 15, 2024 | Probate |

In Florida, the personal representative (also called an executor in other states) has the very important job of managing a deceased person’s estate through probate. This person, named in the deceased’s will or by the court if there is no will, has responsibilities to make sure the settlement of the estate is correct, following the law and the deceased’s wishes.

Duties of a personal representative

The main job of a personal representative is to find and collect the deceased’s assets for distribution to heirs. This means they have to locate all assets, keep them safe, and figure out their value. 

Before giving out the remaining assets to heirs, the personal representative must make sure to pay all the estate’s outstanding debts, expenses, and taxes.

After paying off debts and taxes, they distribute what’s left to the beneficiaries as the will says or, if there is no will, according to Florida’s estate laws.

Legal and fiduciary responsibilities

Personal representatives must always act in the best interest of the estate and its beneficiaries. This means they need to manage the estate’s assets wisely, avoid any conflicts of interest, and treat all beneficiaries fairly.

Challenges faced by personal representatives

The role can be difficult, especially if the estate has complications with many assets, if there are disagreements among beneficiaries, or if there are legal claims against the estate. The personal representative might need to work closely with lawyers, accountants, and other professionals to manage these challenges well.

Understanding the role of personal representative

In Florida, it’s important to know what responsibilities and legal duties come with being a personal representative. It’s not just a job for the deceased, but it’s also helping the family and beneficiaries to make sure the estate has a fair and careful distribution.