Personal Representative Duties in Florida

In Florida, the person who manages an estate through probate is called the personal representative. Other states call this role an executor. It's an important job with legal duties to the beneficiaries, the creditors and the court.

If you've been named personal representative in Lakewood Ranch, Sarasota or Bradenton, this guide explains what to expect.

Your Main Duties

  1. Get appointed by the court. Being named in a will isn't enough. The court must issue letters of administration before you can act for the estate.

  2. Notify beneficiaries. A notice of administration is served on the beneficiaries and the surviving spouse.

  3. Notify creditors. A notice to creditors is published in a local newspaper, and known creditors are served directly.

  4. Find and protect assets. Secure the home, vehicles and valuables, and open an estate bank account. Estate money must stay separate from your own.

  5. File an inventory. List the probate assets and their values, generally within 60 days of appointment.

  6. Pay valid debts, taxes and expenses. Review creditor claims, pay valid ones, and object to improper ones on time.

  7. Distribute and close the estate. After a final accounting, or written waivers from the beneficiaries, distribute the remaining assets and ask the court for discharge.

Your Legal Responsibilities

A personal representative is a fiduciary. You must act in good faith, in the best interests of the estate and its beneficiaries, and keep good records. A personal representative who mismanages estate property can be held personally responsible for the loss.

Florida law allows a personal representative to receive reasonable compensation, and to hire a probate attorney whose fees are paid from the estate.

Frequently Asked Questions

Can I refuse to serve as personal representative?

Yes. Being named in a will doesn't obligate you to serve. Another qualified person can be appointed instead.

Can I serve if I live outside Florida?

Only if you're a close relative of the person who died, such as a child, parent, sibling or spouse, or a relative by marriage.

Do I need a lawyer?

In most Florida probate cases, yes. Florida probate rules generally require the personal representative to be represented by an attorney.

Related Probate Services

Talk to a Lakewood Ranch Probate Attorney

Just been named personal representative? We'll walk you through your first steps. Schedule a free consultation or call 941-909-8331.