Personal Representative Representation
Guiding executors through their fiduciary duties and legal obligations.
Being named a Personal Representative (Executor) is a significant responsibility that carries strict legal and fiduciary duties under Florida law.
A Personal Representative is responsible for gathering assets, paying valid debts, filing taxes, and distributing the estate. Mistakes can lead to personal liability.
We represent Personal Representatives, providing the legal counsel necessary to fulfill these duties correctly, protect the estate, and shield the representative from liability.
Key Benefits
Liability Protection
Legal guidance to ensure you do not breach your fiduciary duties.
Administrative Support
Assistance with inventorying assets, notifying creditors, and preparing accountings.
Dispute Resolution
Professional handling of conflicts between beneficiaries or contested creditor claims.
Frequently Asked Questions
Who can serve as a Personal Representative in Florida?
Generally, you must be a Florida resident OR a close blood relative (or spouse) of the decedent. You must also be 18 or older and not have a felony conviction.
Do I get paid for being a Personal Representative?
Yes, Florida law entitles Personal Representatives to a reasonable fee for their services, usually based on the value of the estate.
My brother lives in Georgia. Can he still serve as Personal Representative for our mother's Florida estate?
It depends on how he is related. Someone who lives in Florida can generally serve if they are an adult and legally competent. Someone who is not a Florida resident can serve only if they fall into one of the family categories Florida law lists: an adopted child or adoptive parent; a blood relative in the direct line, such as a parent, grandparent, child or grandchild; a spouse, brother, sister, uncle, aunt, nephew or niece, or someone in the direct blood line of one of those; or the spouse of someone who otherwise qualifies. A son or a brother living out of state normally fits.
If I make a mistake handling the estate, can I be held personally responsible?
It is possible, which is why the role is taken seriously. Florida treats a Personal Representative as a fiduciary who must observe the standards of care that apply to trustees, and a Personal Representative is liable to interested persons for damage or loss resulting from a breach of that duty. On the other hand, you are not liable for an act of administration or distribution that was authorized at the time you took it.
Will I have to post a bond?
Sometimes, and often not. Florida requires every fiduciary who receives letters to file a bond with surety unless the bond requirement has been waived by the will or by the court. The judge also has room to move either way: on the petition of an interested person or on the court's own motion, the court may waive the requirement, require a bond, increase or decrease it, or require additional surety.
What can we do if the Personal Representative isn't doing their job?
Florida law allows a Personal Representative to be removed, and it lists the grounds. Removal is required if the person was not qualified to act at the time they were appointed. Beyond that, a court may remove a Personal Representative for failing to comply with a court order, failing to account for the sale of property or to produce the assets of the estate when required, wasting or maladministration of the estate, failing to give bond, conviction of a felony, or holding conflicting or adverse interests against the estate.
Ready to Secure Your Legacy?
Schedule a free consultation to discuss your estate planning needs. We'll review your situation and map out the best flight path for your family.
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