{"id":8442,"date":"2023-05-31T08:45:00","date_gmt":"2023-05-31T12:45:00","guid":{"rendered":"https:\/\/yourfloridaprobatelawyer.com\/?p=8352"},"modified":"2023-05-16T04:41:42","modified_gmt":"2023-05-16T08:41:42","slug":"the-role-of-a-personal-representative-in-florida-probate","status":"publish","type":"post","link":"https:\/\/yourfloridaprobatelawyer.com\/the-role-of-a-personal-representative-in-florida-probate\/","title":{"rendered":"The Role of a Personal Representative in Florida Probate"},"content":{"rendered":"\n

The vast majority of probate<\/a> questions we get from our clients are about the role of a personal representative<\/a>. This is because many of the people who contact us have been named personal representatives in probate cases and have no idea what is expected of them, so we decided to put together this article to provide an overview of what a personal representative is, their role in the probate process, and the specific tasks and obligations they must fulfill. Whether you have been named a personal representative or are simply curious about the Florida probate process, this article will provide valuable insights and information to help you navigate this complex legal procedure.<\/p>\n\n\n\n

What is a Personal Representative?<\/strong><\/h2>\n\n\n\n

A personal representative, also known as an executor or administrator, is an individual appointed by a probate court to manage the estate of a deceased person. This person is responsible for settling the estate, which includes paying debts and taxes as well as distributing assets to the beneficiaries. The role of a personal representative is, in essence, to ensure that the decedent’s wishes are carried out in compliance with Florida law.<\/p>\n\n\n\n

Who Can Serve as a Personal Representative?<\/strong><\/h2>\n\n\n\n

In Florida, any individual who is at least 18 years old, a resident of the state, and of sound mind can serve as a personal representative. Additionally, certain institutions, such as banks and trust companies, can also serve in this capacity. However, individuals who have been convicted of a not eligible to serve as a personal representative.<\/p>\n\n\n\n

It is important to note that the decedent may have named a personal representative in their will<\/a>. If the named individual is willing and able to serve, the court will typically honor the decedent’s wishes. On the other hand, if no personal representative is named in the will, or if the named individual is unable or unwilling to serve, the court will appoint one.<\/p>\n\n\n\n

The Role of a Personal Representative<\/strong><\/h2>\n\n\n\n

Personal representatives have several critical duties, which must be carried out diligently and in the best interest of the estate. These include:<\/p>\n\n\n\n