Role of a Personal Representative in Coral Gables Probate

Probate cases are often complex and riddled with legal nuances. A personal representative (also known as an executor) plays a major role in the process and has multiple obligations. Understanding the role of a personal representative in Coral Gables probate cases can help you make the right choice when executing a loved one’s will.

In Florida, a personal representative must be represented by an attorney unless they are the sole heir to the estate. Working with a skilled probate lawyer can help avoid mistakes and overcome natural challenges.

Who Is a Personal Representative?

A personal representative is the person who is nominated to oversee the probate process for a deceased person’s estate. Their primary role is to manage and distribute the estate’s assets according to the decedent’s will or, if no will exists, according to Florida laws of intestacy.

If a decedent names a personal representative in their will, the court usually honors that choice as long as that person meets legal qualifications. If no one is named or capable of handling it, the court appoints someone who is often a close family member.

Who Can Become a Personal Representative?

In Florida, any person who is at least 18 years of age and a resident of the state at the time of the decedent’s death can be a personal representative. However, if the person taking on the role of a personal representative in a Coral Gables probate case is a family member, they do not have to be a Florida resident.

A personal representative cannot have felony convictions or convictions of abuse, neglect, or exploitation. They must be in sufficiently good physical and mental health to perform the duties.

What Does a Personal Representative Do?

The role of a personal representative in probate is significant. The responsibilities of such a person include:

• Identifying and Gathering Assets: The personal representative must locate, inventory, and safeguard the decedent’s assets (e.g. real estate, bank accounts, and personal property). This includes determining the value of the estate.
• Paying Debts and Expenses: The representative is responsible for notifying creditors, settling legitimate debts, and covering expenses (e.g. funeral costs, taxes, court fees) from the estate’s assets.
• Filing Tax Returns: They must file the decedent’s final income tax return and, if necessary, any estate tax returns.
• Distributing Assets: The representative distributes the remaining assets to beneficiaries according to the will or Florida’s intestacy laws if no will exists.
• Managing Legal Obligations: This includes filing required documents with the court, addressing legal claims against the estate, and adhering to Florida’s probate rules.

Without extensive knowledge of multiple probate law nuances, it may be hard for the personal representative to handle their duties. That is why hiring a probate attorney is necessary even if the person is the sole heir.

Consult an Attorney in Coral Gables About the Role of a Personal Representative in Probate

If you were nominated as a personal representative in probate in Coral Gables, you have many duties. To make sure you are handling them correctly, the law requires you to hire an attorney. Even if you are a sole heir who does not need legal assistance according to the state law, working with an estate planning lawyer can help you handle probate in the most efficient way possible.

At Veliz & Associates, P.A., our local team can assist you with this important legal role. Please contact us for a detailed consultation today.