Florida Personal Representative
In this article, we will discuss who can act as a Florida personal representative (also known as an executor in other states) and the powers of a personal representative. If you are named as a personal representative in a will, you will still need to appointed by a court. Until then, you have no legal authority to administer a probate estate.
Who can be a Personal Representative in Florida
Subject to limitations set out in Part III of Florida Statute Chapter 733, Florida Statute 733.302 provides that any person who is age 18 or older and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.
Even if a person qualifies as personal representative under section 733.302 Florida Statute 733.303 disqualifies certain people. If a person has been convicted of a felony, has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in Florida Statute 825.101, is mentally or physically unable to perform the duties, or Is under the age of 18 years, they cannot serve as personal representative.
Additionally, Florida Statute 733.304 disqualifies any person who is not domiciled in Florida, unless that person is a legally adopted child or adoptive parent of the deceased, is related to the deceased by lineal consanguinity (for example, a child, parent, or grandparent), is a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person, or is the spouse of a person otherwise qualified under 733.304.
All these limitations apply even if someone is named as personal representative in a last will.
Personal Representative Named in a Last Will
If someone dies with a will, which names a personal representative, Florida Statute 733.301 grants preference to that person, or his or her successor named in the will. If that person or his or her successors are unable to serve as personal representative, then any person selected by a majority in interest of those entitled to the estate, can serve. If there is a conflict in selecting that person, then a beneficiary named in the will can serve. If there is more than one beneficiary, then a court may select the one best qualified. But what if there is no last will? Then who can serve?
Who is Personal Representative if there is no Will
If someone dies without a will, Florida Statute 733.301 provides the surviving spouse of the deceased, preference to serve as personal representative. If there is no surviving spouse, or the spouse chooses not to serve or is disqualified from serving then a person selected by a majority in interest of the heirs has preference to serve. If there is a conflict in selecting that person, then the heir nearest in degree to the deceased has preference. If there is more than one heir, then a court may select the one best qualified.
Powers and Duties of a Personal Representative
The powers of a personal representative are not unlimited. The personal representative must act in the best interests of the estate and the beneficiaries, and must comply with Florida probate law and court orders.
Florida Statute 733 Part VI details powers and duties of a personal representative. Among the powers is to collect and manage the assets of the estate, including real estate, bank accounts, investments, and personal property. The personal representative has the power to pay the debts and expenses of the estate, including funeral expenses, outstanding bills, and taxes. The personal representative has the power to negotiate with the deceased’s creditors and settle all claims against the probate estate. The personal representative has the power to sell assets of the estate in order to pay the debts of the deceased. These debts may also be paid from any probate estate bank accounts or investment accounts. The personal representative may hire attorneys, accountants, and other professionals to assist with the administration of the probate estate. The personal representative also has the power to sign legal documents on behalf of the estate, such as deeds, contracts, and other legal agreements.
Contact Us
If you have been named as personal representative in a last will and are unsure what to do, we are available to provide answers to all your questions.