What Are The Responsibilities Of Personal Representatives?
Personal representatives in Florida, sometimes referred to as executors in other states, are individuals who are named in a will to administer the estate of a deceased. When a person passes away without a will and they have not named a personal representative, the probate court will appoint one. Under the law, personal representatives have many responsibilities they must fulfill. Below, our Daytona Beach estate administration lawyer explains what these are.
Submit Necessary Documents to the Probate Court
There are many different documents that must be submitted to the probate court. These include, but are not limited to:
- The petition to begin administration of the estate
- Confirmation or appointment of the personal representative
- Application to probate the will
- The death certificate
- The original will
The above documentation must be filed in the same county where the decedent resided. Although it is typically the responsibility of the personal representative to file the petition to administer the estate and open probate, other interested parties can also file the petition. These individuals may include a spouse, cohabitating partner, friend, or even creditors. After the court receives these documents, a letter of authority will be issued. This gives the personal representative the authority to begin fulfilling the wishes of the decedent.
Notice to Interested Parties
Personal representatives also have the responsibility of informing anyone with an interest in the estate of the death of the deceased and the fact that the estate has been opened. This includes anyone named in the will and any creditor with an interest in the estate. Personal representatives must mail notices to interested individuals and publish a notice in the local newspaper. This is to notify unknown creditors. These parties then have a certain amount of time to file a claim against the estate.
Collect Property
Any property within the estate is known as probate assets. The personal representative must create an inventory of all property within the estate and submit it to the probate court. The inventory should also include the value of all property of the estate. Within three months of the appointment of the personal representative, all beneficiaries must receive a copy of the inventory of the estate. In addition, personal representatives must keep an accounting of all probate assets.
For example, personal representatives must also pay debts to creditors. If they pay a debt to a creditor using the bank account of the decedent, which is part of the estate, they must include this in the accounting and provide supporting documentation. A full accounting of the estate’s assets must then also be submitted to the court.
Distribute Property
Finally, personal representatives must then distribute property to beneficiaries according to the will or the intestate laws. Only then can the estate be closed.
Our Estate Administration Lawyer in Daytona Beach Can Assist with These Tasks
There are many responsibilities that come with being a personal representative. At Bundza & Rodriguez, our Daytona Beach estate administration lawyer can explain what these are and help you complete them so the process is as easy as possible for you. Call us today at 386-252-5170 or chat with 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
