How Important Is The Role Of The Personal Representative?

Role Of The Personal Representative is important. In the course of a probate process, it is quite common to encounter the term “personal representative” or sometimes “administrator” or “executor”. In Florida, it is more common to hear it being named as personal representative. Essentially, this means that the personal representative will take care of managing and handling the assets of a deceased person in his behalf and his responsibility is to ensure that all concerns such as debt of the deceased person’s estate and the distribution of properties to beneficiaries and inheritors are properly carried out and closed.

Personal representatives are not always a person or individual, it can also be a bank, or a private entity appointed by the judge in the probate court. The latter happens only when there was no one indicated in the deceased person’s will as to who should take this role. The probate court is guided by an order of preference as to who the personal representative to appoint which can be seen in full detail at the Florida statute for the probate process. Still, the judge will make the final decision in consideration of the capacity of the appointee to carry out the responsibilities needed to carry out the .

In Florida, when you get appointed as a personal representative, you have to know what the responsibilities and expectations are for this role so you know what to do and you can prepare yourself.

Aside from understanding the Role Of The Personal Representative, you have to be qualified for this role as well. Even when you are named as the personal representative in the deceased person’s will, you will have to file a petition in the probate court for acknowledgement and the judge will still have to decide whether you are fit and able enough to do the tasks that are going to be expected of you. As a guide the following is a list of the statutory qualifications that the probate court will decide on:

1. As a rule, only legal residents of Florida may serve as personal representative. Otherwise, your appointment will be invalidated in the probate court.
2. The individual should be at least of legal age which means he or she has to be 18 years or older and have the mental and physical capacity to perform their duties.
3. An individual who has prior cases of felony will not be considered eligible to serve as personal representative

Responsibilities of Personal Representative

1. Identify and secure the assets in the estate of the deceased person. This includes tracking down all assets and gathering documents in preparation for administering them.
2. Identify the creditors and loan institutions that the deceased owes debt to. This includes notifying them that the estate has been opened.
3. Pay off the valid debts the deceased owes. This also entails making sure that the debts are valid by conducting an investigation and dispute invalid claims.
4. Pay off all expenses of probate process including court fees and administrative expenses in relation to probate.
5. Distribute the assets or properties to the beneficiaries and heirs as indicated in the will.
6. Close the estate and the probate process.

Personal representatives usually get the advice of legal counsel to help guide them through the Florida probate process, and here at The Law Offices of JURADO & FARSHCHIAN, P.L., we have been helping many people understand the Role Of The Personal Representative and fulfill this role to the best that they can. Let us guide you through your responsibilities and represent you if there are issues that may come with the probate process you are dealing with. Contact us today to schedule a consultation by emailing to [email protected] or call us at (305) 921-0440!