Should Personal Representatives Have A Lawyer In Florida?
Every state that goes through the probate process in Florida must have a personal representative. Individuals, financial institutions, and private entities can all act as personal representatives. Many people draft a will and within the document, they designate their personal representative. However, if a person passes away and they have not named a personal representative in their will or other estate planning document, the probate court will appoint one.
Personal representatives have a number of duties under the law. They must inventory the property in the deceased’s estate, respond to creditor claims, distribute property to beneficiaries, and more. All of these duties cause personal representatives to wonder if they require a lawyer. Below, our Daytona Beach estate administration lawyer explains further.
Understanding the Different Types of Probate in Florida
There are different types of probate in Florida. These include:
- Summary administration: Summary administration in Florida is a streamlined probate process that involves smaller estates, or that in which the decedent has been deceased for a fairly long amount of time.
- Formal administration: When an estate does not meet the requirements for summary administration, they must go through formal administration. The majority of estates in Florida must go through formal administration.
- Ancillary administration: Ancillary administration is required when a decedent owned property in a state other than Florida.
It is important to understand the different types of probate in Florida, as they significantly affect the personal representative. While estates going through formal administration require a personal representative, those going through summary administration do not.
Personal Representatives Require Legal Representation in Florida
State law in Florida requires personal representatives to have legal representation when going through the probate process. The only exception to this is when the personal representative is the sole beneficiary to the estate, which is very rare. Even when personal representatives are not required to have legal representation, there are many benefits that come with working with an attorney.
The probate process in Florida is extremely complicated and there are many issues that can arise. Without the help of an estate administration lawyer, resolving these issues is very difficult. For example, creditors or beneficiaries may make a claim against the estate or contest a will and personal representatives must be prepared to handle such legal actions. Additionally, personal representatives have a number of other tasks to handle, and deadlines to meet. If the personal representative makes a mistake with any of these tasks, beneficiaries can hold them liable. A lawyer can prevent this from happening.
Our Estate Administration Lawyer in Daytona Beach Can Help with Your Case
If someone you love has passed away and named you as their personal representative, you need help from a Daytona Beach estate administration lawyer. At Bundza & Rodriguez, our experienced attorney can advise on the required tasks during probate, help you through them, and ensure no mistakes are made so you are protected. Call us today at 386-252-5170 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.602.html
