Personal Representatives
Probate Help For Personal Representatives
Last updated on October 4, 2024
Being the personal representative of a deceased loved one’s estate can be overwhelming. You have a fiduciary duty to ensure the decedent’s final wishes are carried out, but the probate process can be complicated and confusing.
I am John Marshall, an experienced and relatable probate attorney serving clients in The Villages and central Florida. At Marshall Law, I greatly value my relationship with my clients, providing both sympathetic understanding and professional efficiency. I will make it a point to not only educate you about your duties as a personal representative, but guide you through the process so everything is handled in a manner that complies with Florida law and fulfills the decedent’s wishes.
The Role Of The Will
The decedent’s Will usually identifies the person who is to be appointed for handling the estate; this person is called the “personal representative” (in some states this person is called an “executor”). However, if there is no Will or if the Will does not nominate anyone to serve as personal representative (or all the people named are not able to serve), then anyone who is a Florida resident or related by blood or marriage may apply to be a personal representative.
It is important to note, however, that a person only becomes a personal representative after the court issues an order appointing them; until that order is issued a person is simply nominated, not appointed.
Assistance With All Types Of Probate
Many people have little knowledge of Florida’s probate system or the responsibilities of a personal representative. This is where I come in. As your lawyer, I will explain the probate process, handle court filings, advise and represent you in negotiations with creditors, and even address any challenges to the decedent’s Will. Keep in mind that Florida law requires an attorney for all formal probate matters, while most courts will also mandate an attorney for summary probate matters. The purpose of having an attorney involved is to ensure the pleadings submitted to the court are accurate and all requirements of the Florida Probate Code and Florida Probate Rules are met.
We Can Provide the Assistance You Need
If you are uncertain about what to do regarding probate, I can provide the trusted guidance you need to get through probate as easily as possible. I handle all types of probate cases, with a particular focus on serving families in The Villages and other senior-living communities.
Frequently Asked Questions
Read on for answers to some of my clients’ most commonly asked questions:
How is the Personal Representative Chosen for Florida Probate?
If the decedent left a valid Will, the person nominated as the personal representative may serve in that role; the court has final say as to who will serve as there are some factors that could disqualify someone from serving (e.g., felony conviction, not related by blood or marriage, etc.). If no one is nominated, the court will consider those who petition the court with preference going to those who are next of kin. Regardless, no one can act as a personal representative without being officially appointed by the court; being nominated in the decedent’s Will does not give anyone official power to act.
What Are the Duties of the Personal Representative in Florida Probate?
The personal representative must identify, gather, value and safeguard the decedent’s probate assets. They must publish a “Notice to Creditors” in a local newspaper and serve a “Notice of Administration” on all interested parties. The personal representative must conduct a diligent search for creditors, object to improper claims, pay valid claims (when the attorney tells them to), file tax returns and distribute probate assets to beneficiaries. Failure to administer the probate estate in compliance with the law could result in the personal representative being held liable for mismanagement.
Does the Personal Representative Need an Attorney?
Yes, due to the complexity of the process, a personal representative must hire an attorney for Formal Probate cases (where the decedent’s probate assets are greater than $75,000). Even though an attorney is not required for Summary Probate cases (where the decedent’s assets are under $75,000), an attorney should be hired because even summary probate can be very complex. I advise on legal rights and duties and represent the personal representative in probate estate proceedings.
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Testimonials
John is a fabulous family estate planning law attorney to work with. He explained everything to me about the estate plan, first working with my mother for many years, and now me as her representative. He did so in a way that I could understand and was very prompt and clear with communication the entire time. John and Patti display a tremendous amount of empathy and patience in dealing with elderly clients like my mother. Soon I will be utilizing John and Patti's expertise to formulate my own estate plan for my family's future. John and Patti treat you like family and I feel they will forever be a part of our family. Needless to say John Marshall law is highly recommended!
MoreGet Started with Our Law Firm Today
If you need assistance as a personal representative, contact me at Marshall Law today to ensure a smooth and efficient probate process. Call my office at 352-725-5878 or contact me online to arrange a consultation.