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Daytona Beach Lawyers > Blog > Wills > Can A Beneficiary Act As A Personal Representative In Florida?

Can A Beneficiary Act As A Personal Representative In Florida?

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A will serves many purposes. One of these is naming a personal representative who will administer your estate during the probate process after you pass away. Another is naming beneficiaries who will receive your property after you pass away. Personal representatives and beneficiaries play a very important role during probate. When drafting a will, many people wonder if beneficiaries can also act as the personal representative. Below, our Volusia County will drafting lawyer explains further.

What is a Personal Representative? 

Probate is a court-monitored process that administers a person’s estate upon their death. During probate, the will is also validated and creditors can make a claim against the estate to recover unpaid debts. The personal representative is pivotal during the probate process and they have many duties. These include:

  • Filing the will with the probate court
  • Identifying the assets and creating an inventory that includes the value of all property
  • Notifying creditors and settling legitimate debts
  • Filing tax returns
  • Distributing assets of the deceased to the beneficiaries, according to the provisions outlined in the will or Florida’s intestacy laws, if there was no will

Beneficiaries Can Serve as the Personal Representative 

The law in Florida does not prevent a beneficiary from also acting as the personal representative. In fact, it is quite common for the personal representative to be a surviving spouse, child,  or other close relative and these individuals are typically also named as beneficiaries. Anyone can act as a personal representative as long as they meet the requirements of the state. These include:

  • Be at least 18 years of age
  • Be a resident of Florida, or a close relative of the deceased
  • Have the physical and mental capacity to manage the affairs of the estate
  • Not have a previous conviction for a felony offense

Possible Issues that May Arise 

Being named as a beneficiary as well as a personal representative can create issues with other heirs. Personal representatives have a legal duty to act in the best interests of the estate and all beneficiaries. Common issues include:

  • Issues regarding distribution of property: Other beneficiaries may feel as though the personal representative is prioritizing their own inheritance over the other heirs.
  • Managing expenses and debts of the estate: Disagreements may arise if the beneficiaries feel as though the personal representative is not making the right decisions about how to handle expenses or which debt to pay first.
  • Allegations of self-dealing: Any action a personal representative makes that seems to give them an unfair advantage can be contested.

If any issues arise regarding the personal representative, another beneficiary can contest the decision in probate court or ask the probate court to remove the personal representative.

Call Our Will Drafting Lawyer in Volusia County 

You will have many questions when drafting a will. At Bundza & Rodriguez, our Volusia County will drafting lawyer can answer them and ensure your will meets the requirements in Florida so it is enforceable by the courts and your wishes are respected. Call us now at 386-252-5170 or fill out our online form to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.602.html

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