What is a Personal Representative and What Does a Personal Representative Do?

A personal representative is in charge of administering the decedent’s probate estate. A personal representative can be a person, bank, or trust company and is appointed by the judge. Florida uses the term personal representative instead of other terms such as executor and administrator.

Part VI of Chapter 733 of the Florida Probate Code describes the duties and power of personal representatives. The following are some duties of personal representatives.

  • Identify, marshal, value, and safeguard the decedent’s probate assets.
  • Conduct a diligent search to locate “known or reasonably ascertainable” creditors.
  • Hire professionals to assist in the administration of the probate estate. For example, attorneys, certified public accountants, and appraisers.
  • Pay expenses associated with administering the probate estate.
  • Notify creditors of the time limit to file their claim.
  • Pay valid claims.
  • Object to improper claims.
  • File tax returns and pay any taxes that are due.
  • Publish a “Notice to Creditors” in a local newspaper to give notice to potential creditors to file their claims.

Our law firm represents clients in probate administration proceedings throughout the state of Florida. Please call (407) 862-9449, email abigail@edelsteinlawoffice.com, or complete our contact form to speak to attorney Edelstein if you have any questions or would like to discuss a probate matter.

 

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