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Can I Become A Personal Representative Of An Estate When There Is No Will?

Sadly, your spouse of many wonderful years passed away. You want to become Personal Representative of the estate, but your spouse never had a Last Will and Testament prepared. What do you do to accomplish that goal?

You should promptly contact an experienced Estate and Probate Attorney. Compile a list of questions you want answered and a list of any concerns regarding the potential estate.

You also should prepare a list of everything you owned together with your spouse, a list of all assets that were in your spouse’s name alone, and a list of assets owned by your spouse with someone other than you.

Another list should be made of all debts and unpaid bills your spouse has in their name or that jointly your spouse has with you or anyone else.

You should also prepare a list and obtain copies of all life insurance policies, annuities, pension and retirement plans.

Your Probate Attorney will review the above information with you, and discuss if there are any assets that will need to pass to heirs through the legal process known as Probate Administration.

Your Probate Attorney will discuss opening an Intestate Probate Administration. Intestate is an estate that will go through Probate Administration without a Will providing a designated Personal Representative and designated probate beneficiaries.

Your Probate Attorney will review the applicable Florida Law and provide you advice on how to open the Estate. Also your Probate Attorney will inform you who will be the estate’s heirs. The heirs will receive the Estate’s assets, after all legitimate bills and creditors have been paid. A proper valid Will would have specifically designated who would receive the estate assets.

A very important part of the Probate Administration is your attorney informing you who qualifies under Florida Law to be appointed Personal Representative of the Estate, when there is no existing Will that designates a particular person.

The above discussion provides some of the reasons why it is so important to have a properly prepared valid Last Will and Testament. Your Will also can provide for instructions of what type of funeral or cremation , can provide for specific gifts to family or friends, and can provide for designating gifts to charities or other organizations. 

Do not let the State of Florida make your Will for you. Contact an experienced Estate Planning and Probate attorney to prepare valid legal documents to properly accomplish your goals, especially to designate your Personal Representative and designate who will receive your Estate assets.

If you have any questions, or would like to further discuss this, or other Guardianship or Probate Litigation, please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7620 to set up an initial consultation. You may also visit my website at https://www.AnnMarieGildenLaw.com.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.