Considerations on Being a Personal Representative in an Orlando, Florida Probate Estate Administration
- May 20, 2021
- ontarget
- Probate
- family, Florida law
- 0 Comments
When you consider becoming a personal representative in a probate state administration, you should first meet with an attorney about representing you and filing the Probate Administration paperwork. At the initial consultation, the attorney will explain the process of probating an estate in the Orlando, Florida area. They will determine whether you can file a Summary Administration or if you need a Probate Administration.
Documents You Will Need
The attorney will advise that you need the original will, which must be filed with the court in the county where the deceased resided. They will tell you to obtain a copy of the death certificate without the cause of death. Those documents are filed with the court, along with the Petition for Administration, so that you may obtain an Order Admitting Will to Probate and Appointing the Personal Representative of the Will; and for you to be receive the Letters of Administration as the Personal Representative of the estate.
After you have obtained the documents listed above, the attorney will advise you to obtain several certified copies of the Order Appointing Personal Representative and Letters of Administration. These will help you fulfill your duties as the Personal Representative including, but not limited to, cancelling credit cards and dealing with financial institutions.
Avoiding Theft
Once you have all the documents you need, the attorney will remind you that a vacant house can attract thieves. They will ask if there is any concern about dishonest relatives taking things from the house. They will instruct you that you need to secure the house and that you must maintain the house pending the finalization of probate estate administration. The attorney will also discuss with you what you should do to secure the personal property in the house, such as moving jewelry and other valuables to a safe place.
Taking Video
When you move items from the house to a safe place, the attorney will tell you that it is a good idea to use your cell phone to videotape the securing of the valuables. That ensures that you protect yourself from possible accusations from beneficiaries that you removed items you were not to keep. The video will act as evidence and proof that you fulfilled your obligations as personal representative in accordance with the law. You should also inventory what you put in safe keeping, then provide your attorney with the inventory list and a copy of the video. These are a few important ways to stay protected while your personal representative status is pending.
If you have more questions regarding a Probate Estate Administration Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.