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Personal Representative of
the Estate
The Personal Representative of the Estate is the
person, bank or trust company appointed by the court to be in
charge of administering a decedent's estate. If the decedent had
a valid Will, the court will appoint the person named in the
Will to serve as the Personal Representative.
There are
some qualifications that the Personal Representative must meet
in order to serve:
-
They must be a resident of the State of Florida
-
They must be a spouse, parent, sibling or other close
relative of the deceased
-
If a trust company will serve as Personal Representative of
the Estate, it must be incorporated under the laws of
Florida
-
In order for a bank or savings and loan to serve, it must be
authorized and qualified to exercise fiduciary powers in
Florida
Court
Appointed Personal Representative
If the
decedent did not have a Will, or it is lost or determined to be
invalid, the court will appoint a Personal Representative of the
Estate. A surviving spouse is the first choice to serve as the
Personal Representative. If the decedent was not married or the
spouse declines to serve as the Personal Representative, then
the surviving heirs can elect a Personal Representative.
The Personal
Representative of the Estate is responsible for initiating
probate proceedings. If there is no valid Will then any creditor
or beneficiary of the estate can initiate the Probate process.
Some of the
duties that the Personal Representative of the Estate are
responsible for include:
-
Identifying which of the decedent's assets are probate
assets
-
Publishing a "Notice to Creditors" in the local newspaper
that informs potential claimants that they should file
claims against the estate
-
Pay any valid claims and object to claims that are not valid
-
File any final tax returns and pay any remaining taxes due
-
Ensure that the statutory amounts are paid to the decedent's
surviving spouse and family
-
Distribute the remaining assets to the beneficiaries
When Do
You Need a Probate Lawyer?
If you are
appointed to serve as the Personal Representative of the Estate
you should have a probate lawyer to assist in administering the
estate. Even the simplest probate proceedings will have legal
issues arise which will be unfamiliar to non-attorneys. One of
the purposes of probate is to make sure that creditors have the
opportunity to file claims against the estate and an
attorney who knows Florida Probate Law can help ensure that
you fulfill all of your responsibilities under the law.
This article is for
informational purposes and does not constitute legal advice.
Please contact an attorney in your local area for more
information about Probate Law in Florida.
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