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Choosing a responsible, caring, and knowledgeable personal representative is one of the most important decisions you’ll make when drafting your estate plan in Sanford, FL. This person plays a vital role in the Florida probate process, from valuing the estate and handling creditor claims to distributing assets to beneficiaries listed in your will. How do you select someone to take on these responsibilities, and what does the role entail? Our estate planning lawyer in Sanford, FL, answers these questions (and more) below.

What Are a Personal Representative’s Primary Responsibilities?

In Florida, personal representatives are responsible for managing and executing a deceased loved one’s will. They are the primary point of contact between your estate planning lawyer, the probate court, and your family. They are responsible for several tasks related to executing your will, including:

• Notifying beneficiaries about their inclusion in the will.
• Finding and individually notifying creditors about the estate’s status.
• Valuing the estate.
• Properly maintaining estate funds in a fiduciary capacity.
• Validating and paying out creditor claims with estate funds.
• Maintaining the decedent’s property and assets during probate.
• Filing the decedent’s final tax return.
• Distributing assets to listed beneficiaries as stated in the will.

Can a Personal Representative Also Be a Listed Beneficiary?

Yes. A personal representative is often a close friend or family member, so they are likely to be beneficiaries as well. Regardless of their beneficiary status, however, personal representatives are legally responsible for making decisions on behalf of the estate, not for their personal gain. If a personal representative fails to perform these duties, they are legally liable for damages.

Does a Personal Representative Need to Live in Florida?

Florida is filled with transplants from other states, especially for retirees. You likely have trusted friends and family in a different state who you would like to manage your affairs once you pass away. While it can be beneficial for someone in Florida to serve as your personal representative, it’s not required. If you do select a personal representative who’s a resident of another state, however, they must be your blood relative.

What Are the Requirements to Be a Personal Representative in Florida?

The requirements for being a personal representative are detailed in Florida Statute Chapter 733, Part III. A personal representative can be any person over the age of 18 who’s a Florida resident, a blood relative (even if they live out of state), or a financial institution with fiduciary powers. Personal representatives cannot be a convicted felon or convicted of abuse or neglect of an elderly or disabled person. 

Can You Have More than One Personal Representative?

Taking on the role of a personal representative is a huge responsibility, so naming two (or more) people when drafting your estate plan in Sanford, FL, may feel like a way to ease the burden. However, naming more than one personal representative often complicates proceedings and elongates the probate process. Instead of naming multiple people, it is better to discuss the responsibilities with your chosen loved one beforehand to confirm their willingness to serve this role.

How to Select Your Personal Representative

You name your desired personal representative in your will. Once you pass away, this person will begin the probate process by presenting your will and the death certificate to the local probate court. The probate judge will ensure your personal representative meets Florida’s requirements before granting them authority to execute your will. If you don’t name a personal representative in your will, a family member could petition the court to take on this role, or the judge will personally appoint someone.

Can You Change Your Personal Representative?

Yes, you can change who you want to represent your estate after you pass away by modifying your will. You may choose to change your personal representative after the relationship fades, they pass away, or they’re no longer in a position to take on those responsibilities. A personal representative can also be removed from the role if they don’t fulfill their duties, as defined in Florida Statute 733.504. To change your personal representative, you can either amend your current will or draft a new one.

Boutty Law Firm: Estate Planning in Sanford, FL

Personal representatives play a significant role in the probate process, so it’s vital to select someone who can adequately perform the tasks and take on the responsibilities. Once you’ve made your choice, speak with them before finalizing your will to ensure they’re ready and willing to take on the responsibilities of executing your will. Use an estate planning lawyer in Sanford, like Benjamin Shane Boutty, to help you draft your will and name a personal representative in your will. Call us today at 407-622-1395 for an appointment to draft your estate plan.