Personal Representative Duties in Probate
After a person dies, their estate typically has to go through probate. Probate is the process of settling a deceased person’s estate, particularly their assets and debts. Not all assets have to go through probate. Some examples include assets held in a living trust, assets with a designated beneficiary (like life insurance policies or retirement accounts), and assets held with rights of survivorship.
Probate can be a lengthy and complicated process. Probate requires a personal representative, or executor, to help carry out the process. Any Florida resident who is at least 18 years old at the time of the decedent’s death is eligible to serve as the personal representative.
Probate can seem nerve-wracking for the average person, but the good news is that a probate lawyer will be assisting you. Florida law generally requires an attorney for formal probate administration.
When a person dies, probate proceedings take place in the probate court of the county where the deceased lived at the time of death. The estate must be administered to ensure debts are settled and legal ownership of assets is transferred to the rightful beneficiaries. Typically, family members or other interested parties locate the will and contact an attorney. The attorney will initiate the probate process or help appoint someone to manage the estate if no will exists, prepare the required court filings, and guide the personal representative through the probate process and estate administration.
Depending on the circumstances, the probate process can take many months or even years. Probate involves various steps, including the following.
Opening the Estate
The process begins by filing required documents, such as the will and a petition for administration, with the probate court in the county where the decedent lived.
Inventory and Asset Management
The personal representative locates, secures, and manages all assets, including bank accounts, real estate, personal property, and investments.
Notifying Beneficiaries and Creditors
Beneficiaries named in the will, or heirs if no will exists, must be formally notified of the probate proceedings. Creditors must also be informed and given the opportunity to file claims against the estate.
Paying Debts and Taxes
All outstanding debts, including loans, credit card balances, and medical bills, must be paid. The personal representative is also responsible for filing and paying any required federal or state income and estate taxes.
Distributing Assets
After debts and taxes are satisfied, remaining assets are distributed to beneficiaries according to the will. If none exists, Florida’s intestate succession laws will take precedence.
Providing Updates
The personal representative should keep beneficiaries informed on the status of the estate and address any concerns.
Closing the Estate
Once all obligations are met, the personal representative files a final accounting with the court and requests the estate’s formal closure.
Seek Legal Help
Have been designated to be a personal representative for a probate case? If so, you’ll need to understand Florida laws as well as your responsibilities.
Have questions? Get the help you need from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. When disputes arise, you need to protect your rights and interests. We are ready to help you resolve your probate matter. Call 954-764-4330 or fill out the online form to schedule a consultation with our office.
Source:
17th.flcourts.org/wp-content/uploads/2017/08/PersonalRepresentativesHandbook_July2008.pdf
