Named Personal Representative in a Florida Will? Here's What the Job Involves

If a loved one passed away and named you as personal representative in their will, you may be wondering what you've agreed to. In many states this role is called the executor. In Florida, it's the personal representative.

The job can be a big one. How hard it is depends on the size of the estate, the number of beneficiaries, and any complications along the way. Florida sets the pay for a personal representative based on the value of the estate's assets, so what you earn can vary a lot from one estate to the next.

You also don't have to say yes. If you decide the role isn't right for you, you can waive your preference to be appointed, and the job passes to the next person in line.

Here is what the work looks like from start to finish.

1. Locate the original will

If your loved one had a will, Florida's Probate Code requires the original to be deposited with the court before the will can be admitted to probate. A copy can sometimes be used, but it takes extra steps, extra time, and extra expense. Finding the original saves you all of that.

2. Figure out what your loved one owned

This can be tough if you didn't know much about their finances, or if you can't get into their house or check their mail yet. Sometimes that access only comes after you've been appointed. Even so, a rough picture of the assets matters because it affects which type of probate you'll need.

Florida has a shorter process called summary administration for smaller estates, and it doesn't require a personal representative at all. It takes less time, involves less paperwork, and usually costs less. Larger estates go through formal administration. Your attorney can tell you which one fits based on the value of the estate and how long ago your loved one passed. In the video, the threshold was described in round numbers, and the current dollar limits are set by Florida statute, so confirm the exact figure with your attorney.

3. Hire a Florida probate attorney

In a formal administration, a personal representative must be represented by a licensed Florida probate attorney. Your attorney prepares the documents that open and manage the case. Most of them need wet signatures in ink. If you live nearby, you can sign everything at the attorney's office. If you live in another state, you'll need a printer and a scanner so you can sign, scan, and send the documents back for filing.

4. Get the estate set up

Once the case is open, the court may require you to post a personal representative's bond. Whether it does depends on the will's wording, the county, and the makeup of the estate, including the beneficiaries and assets.

After you're appointed, you'll get a tax ID number for the estate. This can be done on the IRS website, and your attorney can often help. You'll use that number to open an estate bank account.

5. Gather the assets

With the estate account open, you'll contact every bank, retirement account provider, and other institution holding your loved one's money. Give each one a copy of the court order appointing you, and ask them to transfer the funds into the estate account.

6. Sell property when needed

If there's real estate, you'll work with a real estate agent to sell it. Cars, RVs, boats, and other large items also need to be sold, and the personal representative is responsible for seeing that it happens. Smaller belongings in the home may call for an estate sale. You can hire a company to handle that, but their fees come out of the estate.

7. Handle notices and creditor claims

Your attorney sends notice to the beneficiaries and publishes a notice to creditors in the newspaper. Once that notice runs, creditors have a three-month window to file claims. If a claim comes in, you work with the creditor to resolve it when it's valid. If it isn't, an objection can be filed.

8. Pay out and close the estate

When all the assets have been collected and deposited in the estate account, your attorney prepares a final round of paperwork and serves it on the beneficiaries. You then make the distributions to creditors and beneficiaries. After that, the case can be closed and you're discharged from your duties.

The attorney can't do it all for you

Many people named as personal representative assume the job is to hire an attorney and sign a few papers. In practice, there's a lot the attorney can't do on your behalf. If a probate attorney calls a bank about a decedent's account, or calls Social Security about an overpayment, they'll be told to speak with the personal representative. The court's order gives that authority to you. Your attorney will guide you through each step, but some pieces belong to you alone.

Thinking about your own will?

If you're deciding who to name as personal representative in your own estate plan, it helps to know what the role demands. Choose someone who is organized, willing, and able to take it on. And if you've been named in someone else's will, weigh the workload honestly before you decide whether to serve or waive.

Talk with Elder Needs Law

Whether you're planning your own estate or trying to sort out a loved one's, the team at Elder Needs Law can help you make a plan that fits your situation. Visit elderneedslaw.com or medicaidplanninglawyer.com to get in touch.

If you're also thinking about how to cover the cost of long-term care, check out the Elder Needs Law book on how Medicaid can help with some of your long-term expenses: Get the book on Amazon.

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