Understanding Your Responsibilities in a Florida Probate Case
If you’ve been named as a personal representative (also known as an executor) in a will—or appointed by a Florida probate court—you have an important legal duty to manage and settle the decedent’s estate. This role carries significant responsibilities and is governed by strict Florida probate laws. Understanding what’s required can help you avoid delays, disputes, and potential liability.
What Does a Personal Representative Do?
As a personal representative, your job is to administer the estate in an orderly and lawful manner. Typical responsibilities include:
- Filing the will with the probate court and opening the estate
- Notifying beneficiaries and potential creditors
- Gathering and valuing the decedent’s assets
- Paying debts, taxes, and administrative expenses
- Handling claims from creditors within the legal timeframe
- Distributing remaining assets according to the will or Florida law
The personal representative must act in the best interests of the estate and its beneficiaries. You have a fiduciary duty, which means careful documentation, transparency, and legal compliance are essential.
Who Can Serve as a Personal Representative in Florida?
In Florida, a personal representative must be either:
- A resident of Florida
- A close relative of the decedent (regardless of where they live)
They must also be at least 18 years old, mentally competent, and not convicted of a felony. If no one is named in the will—or if the named representative is unavailable—the court will appoint someone, usually a surviving spouse or next of kin.
Common Mistakes to Avoid
Failing to properly notify creditors, missing court deadlines, and mismanaging assets can create major problems during probate. A personal representative may also be held financially liable for any losses caused by negligence. That’s why many choose to work with a probate attorney—especially if the estate includes real property, business interests, or contested claims.
Support for Personal Representatives
The Florida probate process can be intimidating, but you don’t have to go through it alone. Yelen Yelen & Simon, P.A. has decades of experience guiding personal representatives through every step of estate administration. Call (305) 445-3721 or visit https://www.yelen-yelen.com/contact/ to schedule a consultation and get the legal support you need to do the job right.