Probate Help For Personal Representatives
Last updated on August 20, 2024
Being appointed as a personal representative of a deceased loved one’s estate can be overwhelming. You owe it to the deceased to ensure their final wishes are carried out, but the process can be complicated and confusing.
I am John Marshall, an experienced and relatable probate and estate attorney serving clients in The Villages and the surrounding area. At Marshall Law, I greatly value my client relationships, providing both sympathetic understanding and professional efficiency. I will make it a point to educate you about your customized options for executing your loved one’s estate.
The Role Of The Will
The contents of the decedent’s will are usually crucial for determining the personal representative. If the decedent left a valid will, they should have designated the person they wanted to serve as the personal representative, also known as the executor. However, if there is no valid will, the court will appoint a personal representative to manage the estate.
Assistance With All Types Of Probate
Many personal representatives have little knowledge of Florida probate law or the responsibilities involved in their role. This is where I come in. As your probate lawyer, I will explain the process, handle court filings, and advise and represent you in negotiations with creditors and any will or trust challenges. My help makes the probate process comprehensible and often much faster than trying to handle it by yourself.
You might not know that there is more than one way of probating an estate in Florida. Which type applies to the estate you are representing depends on the size of the estate and other factors. See the discussion on our main probate page for more information on that. I routinely handle all types of probate cases, ensuring a smooth process for personal representatives and families.
If you are uncertain about what to do about probate, I can provide the trusted guidance needed for a smooth process. 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 named in that will as the personal representative will serve in that role. If not, the court will appoint a personal representative. People often ask the court to be named the executor, though this is not required.
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.” They must conduct a diligent search for creditors, object to improper claims, pay valid claims, file tax returns and distribute probate assets to beneficiaries. They are responsible for closing the probate estate and may be liable for mismanagement.
Does the Personal Representative Need an Attorney?
Yes, due to the complexity of the process, a personal representative should engage a qualified attorney. Though you are not technically required to hire a lawyer, it is highly recommended. I advise on legal rights and duties and represent the personal representative in probate estate proceedings.
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 352-619-0744 or contact me online to arrange a consultation.