Being a Personal Representative in the Orlando, Florida Area
- October 18, 2022
- ontarget
- Probate
- 0 Comments
A friend or loved has died Testate, leaving a Will. You are named as the Personal Representative in the Will. What do you do? As a Personal Representative, you have the authority to hire an attorney to represent you in the position as Personal Representative. The statute dealing with this is Florida Statute 733.612(19).
Hiring an Attorney
It is not just a Personal Representative’s ability to hire an attorney; the personal representative has an obligation to hire an attorney to represent him/her when serving in the fiduciary role. Florida Probate Rule 5.030(a) deals with this. The only exception to this attorney requirement is if the personal representative is a Florida Bar attorney or the Personal Representative is the sole interested person in the estate.
Compensation for Services
The Personal Representative and his/her attorney have the right to reasonable compensation for services. This is discussed in Florida Statute 733.106(3). Further, in addition to reasonable compensation for regular administration services to the attorney for the personal representative’s attorney, the statutes provides for additional compensation for things outside of the normal context. This is explained in Florida Statute 733.6171(4). The Statute gives a list of what constitutes extraordinary services.
Probate Administration
The Personal Representative will have their attorney enter the Will into probate. The attorney will then obtain an Order Appointing Personal Representative and Letters on Administration. The attorney will guide the Personal Representative through the completion of the Probate Process. That will include publishing notices to creditors, determining whether the property is homestead, filing a final accounting and distribution of property in the estate.
Every case is different. If there is no acrimony and animosity between the beneficiaries then the process should move along smoothly. However, in many cases, the parties do not agree with each other, and they litigate all issues in the case. If that is the situation in the case, then most likely the process will take a lot longer than if it is amicable.
If you have more questions regarding a Probate Administration 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.