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Being an Executor vs. a Personal Representative in a Probate Case in Lake Mary, Florida

This Wall Street Journal article on being an Executor was very enlightening. How does it compare to being a Personal Representative in an Orlando, Florida or Lake Mary, Florida area? First, in the State of Florida, there is a Personal Representative, and they are not called the Executor. The Personal Representative, through their respective attorney, files the Will for Probate. The Personal Representative has the duty to notify all interested parties that the Will is being probated. The Beneficiaries may then file Waivers and Consents, or they may contest the distribution and the Will itself. 

Some families work together to resolve the matter to avoid litigation and expensive attorneys’ fees. It is much less expensive if everyone agrees. The estate is settled quicker when that happens. If the parties cannot agree on the probate administration, then hearings and trials are held to resolve the issues. That litigation is costly and time consuming. The larger the estate, the more complex and protracted the case may be in litigation.

Florida Statutes, Chapter 733 is the Probate Code: Administration of Estates. You can read about the process of Probate Administration in that chapter, specifically, in Part III. Preference In Appointment and Qualification of Personal Representative defines how the Personal Representative is determined in Florida. Chapters 733.301 through 733.619 are the Florida Statutes that deal with the Personal Representative in Florida including Duties and Powers of Personal Representative that are included in Florida Statutes Chapters 733.601 through 733.619. 

In Florida, after the Personal Representative is formally and officially appointed by Order of the Court, then the Personal Representative is responsible to notify creditors and pay bills of the estate. The Personal Representative must keep receipts of all this to account for spending for paying bills to the court. 

The Personal Representative will spend many hours gathering paperwork to provide to his/her attorney. Florida Law requires the Personal Representative’s attorney to publish a notice regarding creditors to the estate. They must also make sure there are no health care liens against the decedent’s estate. The Personal Representative must make sure all bills are paid such as phone, electricity, homeowners insurance etc. while the estate is being probated. They must keep receipts of all these payments. 

It can be troublesome for the Personal Representative to chase down the accounts and passwords of the online accounts in order to fulfill his or her duties. It may also be an emotional time. However, many family members would rather do it themselves and be involved in this matter. These are all things for you to ponder if you are named a Personal Representative in a Will in Florida.  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com