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One of the most important parts of creating your will is choosing your personal representative. Your personal representative is in charge of executing your will after you pass away. They are given authority over a wide range of duties during the probate process, from managing creditor claims to communicating with the probate court. It’s vital to choose a trusted individual who can fulfill this role with the utmost care and responsibility. Learn more from our Sanford estate planning lawyers about how to select a personal representative when drafting your will below.   

Requirements for Personal Representatives 

Florida Statute Chapter 733 Part III details the requirements for appointing a personal representative in your will. A personal representative can be an individual, or a financial institution (as long as it has fiduciary powers). A personal representative is often a family member or friend whom you entrust to execute your will after you pass away. Non-relative personal representatives must be Florida residents; however, direct relatives can reside in any state. Personal representatives must be 18 years old and have not been convicted of a felony. 

Personal Representative Responsibilities 

Personal representatives have many roles and tasks to perform during the probate process. Here are the primary duties a personal representative has during probate: 

Will Execution 

Your personal representative must ensure your assets are handled accurately and your possessions are distributed according to what’s stated in your will. Executing the will is a personal representative’s largest and most important responsibility. Your personal representative will oversee submitting official documents to begin probate, such as the death certificate and will. During probate, your personal representative values your estate, assesses creditor claims, liquidates possessions, and oversees asset distribution. 

Communicate with Probate Court and Your Family Members 

Personal representatives are the primary point of contact between the probate court and your family members during probate. Your personal representative will work with your Sanford estate planning attorney, attend necessary appointments and meetings with the probate court, and answer questions family members may have. This ensures an efficient process where family members have one point of contact to relay information without contacting the court directly. 

Handle Creditor Claims 

A primary element of probate is notifying potential creditors of the estate’s status in probate. If you pass away with debt, these creditors can make a claim against your estate for funds owed. Your personal representative must perform a diligent creditor search and notify known creditors that the estate has entered probate. Your personal representative will also help validate these claims and pay them out from the estate funds in the order mandated by Florida law. 

Manage Estate Finances 

Personal representatives are responsible for creating the estate bank account, valuing your assets, selling unwanted possessions, and gathering funds from various accounts, such as stocks and bonds, into one place. These funds are then used to pay any creditor claims against the estate, as well as beneficiaries as described in your will. Your personal representative is also in charge of filing your last tax return (if you don’t have a surviving spouse who would file the return jointly). A personal representative also acts as a fiduciary during probate, so they’re personally liable for any mismanagement or fraud. 

Maintain Your Property 

Your personal representative ensures your assets and property are maintained during probate, even if these assets will eventually be sold. This includes paying your mortgage and utility bills, mowing your lawn, paying HOA fees, and keeping your car in good working condition. 

Personal Representative Traits 

Here are some personality traits that every personal representative should have to oversee your estate effectively: 

Responsible 

Personal representatives are legally responsible for acting in your estate’s best interest. Their actions can be challenged in court if a beneficiary believes they are mishandling funds. They are also liable for any mismanagement of the estate. These responsibilities should be handled by someone who understands financial and legal matters to ensure the will is executed correctly. 

Trustworthy 

Personal representatives manage financial documents, access various accounts, attend meetings with the probate court, maintain estate property, and relay information to family members. It’s vital to choose a personal representative that you and your family members trust to perform these duties to the best of their ability and carefully follow the necessary processes to ensure the probate process continues in a timely fashion. 

Communicates Effectively 

Your personal representative is your primary point of contact between your family and the probate court. Your personal representative must be able to explain court proceedings and the status of the estate to interested parties, including family members, attorneys, creditors, and the court itself. Personal representatives also communicate with various parties in many different areas of expertise, from lawyers to beneficiaries. Your personal representative must facilitate communication between these parties accurately and efficiently. 

Ability to Perform Duties 

Executing an estate can take several months, so choosing a personal representative who can commit to taking on these added responsibilities is crucial. Before appointing your personal representative, discuss your intentions with them to ensure they can fulfill this role. 

How to Name Someone as Your Personal Representative 

You name your desired personal representative in your will. A probate judge will determine whether the personal representative is a valid candidate to fulfill the role, then give them the legal authority to perform the necessary duties during probate. If a personal representative isn’t appointed in a will, your family members can petition to take on the role, or the probate judge may appoint someone. 

Create Your Will with Our Sanford Lawyers 

Drafting your will and choosing a personal representative is a crucial part of your estate planning. At The Boutty Law Firm, we can help you draft your will considering the unique elements of your estate, whether you’re a business owner or own multiple properties in different states. We’ll walk you through the process and help you determine which estate planning tools you should utilize to ensure your estate is distributed according to your desires once you pass away. Call our team at 407-622-1395 for a free consultation to discuss how we can help you draft, modify, or amend your will.