What Personal Representatives in Florida Are Legally Required to Do

When someone passes away, a personal representative (sometimes called an executor) is appointed to handle their estate. Florida law outlines a specific set of duties that this person must carry out, regardless of whether they are a family member, friend, or professional. These responsibilities are not optional, they carry legal weight and personal liability if done incorrectly.

If you’ve been named as a personal representative or are considering appointing someone, it’s important to understand what’s involved. Our probate attorneys guide clients through each step to ensure all legal obligations are met.

What a Personal Representative Is Expected to Manage

Florida probate law defines the personal representative as the individual or institution tasked with settling the deceased’s estate.

• This includes gathering assets, paying debts, and distributing property to beneficiaries

• They must act in the best interest of the estate at all times

• Duties are governed by Chapter 733 of the Florida Statutes

• The role begins once the court formally appoints the individual

• A representative can be removed by the court if duties are not fulfilled

• Legal counsel helps reduce the risk of personal liability or costly mistakes

Filing Documents and Securing Court Appointment

The process begins with filing the petition for administration in the county where the decedent resided.

• The proposed personal representative must submit required documents

• This includes the death certificate and the original will (if one exists)

• The court issues Letters of Administration granting official authority

• Notice must be sent to interested parties and potential heirs

• This step opens the estate and sets legal responsibilities in motion

Identifying and Securing Probate Assets for the Estate

A personal representative must locate, value, and safeguard all probate assets under Florida law.

• This includes bank accounts, real estate, vehicles, and personal property

• Jointly held assets or those with named beneficiaries are excluded

• An inventory must be filed with the court within 60 days of appointment

• Insurance coverage may be needed to protect valuable items

• Accurate asset valuation is essential for tax and creditor purposes

Notifying Creditors and Publishing Legal Notices

The representative must notify potential creditors and give them a chance to file claims against the estate.

• A “Notice to Creditors” must be published in a local newspaper

• Known creditors must be contacted directly by mail

• Creditors generally have 90 days to submit claims

• The representative must evaluate and respond to each claim

• Our attorneys help ensure timelines and proper notice are followed

Paying Debts and Settling Valid Claims from the Estate

Once claims are received, the personal representative must determine their validity and pay them in the correct order.

• Florida statutes outline a priority schedule for paying claims

• Funeral expenses and administrative costs often come first

• Secured debts, like mortgages, must be handled based on lien rights

• Disputed claims may require negotiation or court hearings

• Failure to settle debts properly can result in legal liability

Handling Tax Filings and Obligations on Behalf of the Estate

Taxes are part of the representative’s duties, even in modest estates.

• Federal income tax returns may need to be filed for the deceased

• An estate tax return may be required for large estates

• Florida does not have a separate estate tax, but federal laws still apply

• A tax ID number is needed for the estate’s bank account

• We coordinate with CPAs or tax attorneys to ensure full compliance

Distributing Assets to Beneficiaries in Accordance With the Will or Statutes

Once debts and taxes are paid, the remaining assets can be distributed to heirs.

• The representative must follow the will’s instructions or intestacy laws

• Some assets may need to be sold or liquidated for equal distribution

• Final distributions often require court approval

• Receipts from beneficiaries should be collected and filed

• Our team ensures clear documentation of all disbursements

Filing the Final Accounting and Closing the Estate with the Court

Florida law requires a final report detailing every action taken during probate.

• This includes an itemized accounting of assets, payments, and distributions

• Objections from beneficiaries can delay final closure

• Once accepted by the court, an order of discharge is issued

• This officially releases the personal representative from further duties

• We assist with preparing and submitting the final paperwork accurately

FAQs: Personal Representative Duties in Florida

Can I refuse to serve as a personal representative?

Yes. If named in a will, you can decline before the court appoints you. Another qualified person, such as a backup executor or interested party, can request appointment instead.

What happens if a personal representative makes a mistake?

They may be held personally liable for losses to the estate. Hiring an attorney reduces the risk of errors and provides legal protection throughout probate.

Do I get paid for being a personal representative?

Yes, compensation is allowed under Florida law. Fees are typically based on a percentage of the estate’s value or as agreed by the parties.

What if the will conflicts with Florida law?

State law overrides provisions that violate probate rules or the rights of certain beneficiaries. We review all documents to ensure proper compliance.

Can multiple people serve as personal representatives?

Yes, co-personal representatives are allowed but must act jointly. Disagreements can slow the process or lead to legal disputes.

Do personal representatives have to live in Florida?

Non-residents can serve but must be related to the decedent by blood, marriage, or adoption. Out-of-state banks or attorneys may also qualify.

Is a lawyer required to handle probate?

Florida law generally requires a licensed attorney for most probate estates unless the representative is the sole beneficiary. We offer guidance at each step.

How long does probate take in Florida?

Formal probate can take 6 to 12 months or longer, depending on complexity. Timelines vary based on court schedules, creditor claims, and disputes.