Administering a loved one’s estate in Florida can be convoluted and anxiety-inducing. That’s because Florida probate law is complicated. Florida law requires personal representatives, also known as executors, file forms, inventory estates, and provide notices to heirs. Ensuring that you follow the proper procedures of Florida probate law can be stressful. In this blog post, we’ll walk you through the basics of being a personal representative in Florida.

In Florida, there are legal requirements a personal representative, also known as an executor, must meet. The statutory requirements are pretty straightforward. You must be:

In some cases, a  bank or trust company  can serve as the personal representative if incorporated under Florida law and qualified to exercise fiduciary powers in Florida. Even if someone meets the technical requirements to be a personal representative, you should also consider the practical duties of an executor before making your decision.

The executor is responsible for accounting for, maintaining, and distributing all the assets of an estate. First, you’ll need to determine if the estate needs to go through probate, depending on the size and complexity of the estate. Some common transfers don’t require probate, such as:

If an estate only holds assets listed above, you can probably avoid probate altogether. This is called a “disposition without administration.” If the estate is worth less than $75,000, you may be able to use “summary administration.” If the estate doesn’t qualify for the two more straightforward means of administration, it may need to go through formal probate.

Other duties of an executor  may include:

A personal representative should notify all family members or interested parties of the proceedings.

The process of becoming the personal representative of an estate in Florida will vary depending on whether or not the estate must pass through probate.

1. No Probate

If the estate doesn’t need to go through probate and qualifies for disposition without administration or a summary administration, the court won’t appoint an executor or personal administrator. Instead, the person named in the will as executor will file a Petition for Summary Administration listing the assets, their value, and who will inherit the assets. The court will issue an order releasing the property to the rightful heirs.

2. Probate

If the estate must go through probate, the executor named in the will, or any interested party, can ask the court to name them as the personal representative. The court will issue Letters of Administration authorizing the personal representative to settle the estate.

The estate generally compensates the personal representative for their time. The compensation is usually set one of several ways:

Being the personal representative of an estate is a big, and somewhat complicated, responsibility. Still, there are some mistakes and challenges that personal representatives commonly face.

1. Failing to Identify and Secure Assets of the Estate

One of your first duties as a personal representative is to find and secure all of the estate’s assets. If you miss something, that could be a financial loss to the estate and the beneficiaries. Even if the will directs a specific recipient for an asset, the personal representative must still collect and hold on to that asset until the proper distribution time.

2. Improperly Paying Claims Against the Estate

As a personal representative, you can’t just pay claims and bills in any order. Under Florida law, there is a statutory order of precedence. If you pay claims out of order and the estate doesn’t have enough funds to cover all creditors, you could be personally liable.

3. Ignoring the Beneficiaries

It can be stressful to keep in communication with the beneficiaries of the estate. They may have questions you can’t yet answer. But as a personal representative, you should keep the beneficiaries notified throughout the probate process.

You may need to work with an estate attorney to administer and finalize the estate in cases of a more significant estate. An attorney can help you with the procedural requirements, ensure you understand all of your required duties, and assist with estate tax filings. An estates attorney can also help you:

If you are the executor of an estate and need guidance throughout the process, give us a call. If you are beginning your estate planning, we can help you as well. The probate and trusts and estates attorneys at Veliz Katz Law have more than 60 years of experience helping clients in Central Florida administer their loved ones’ estates.  Contact us  to schedule your free consultation.