When creating a will, or if a loved one passes without one, assigning an estate executor in Kendall to manage the probate is required. The person appointed to this role needs to meet specific legal requirements, possess certain qualities, and be capable of fulfilling the representative’s duties.
A respected probate lawyer can assist with choosing an executor, petitioning the court, or explaining how the court will appoint a representative.
The Legal Requirements for Assigning Executors
To serve as the executor, a person must meet certain requirements under Florida law. The representative must be at least eighteen years old, mentally and physically capable of serving, and have no felony convictions. If the chosen executor is not a resident of the state, they need to be related to the deceased by blood, marriage, or adoption.
Entities can also be appointed as personal representatives. Banks, trust companies, or credit unions often act in this capacity and may be a good alternative in complex or contentious cases.
Qualities to Look for When Appointing an Estate Executor
Choosing an estate executor in Kendall, FL is more complicated than simply finding a person who meets the basic requirements. Individuals should consider choosing someone with particular skills and characteristics that make them more able to manage probate challenges.
Ability to Serve
The person chosen to be an executor must be willing and available to serve in this role. If the chosen executor is not available or refuses to act, it can cause confusion or delays.
Financial Knowledge
Handling finances is at the core of all probates. The chosen representative should have a strong financial background, allowing them to effectively manage the estate’s finances. This can help preserve estate assets and deal with any debts or taxes.
Detail-Oriented
The representative must complete several tasks during probate. These include tracking down and notifying beneficiaries and creditors, gathering assets, taking an accounting, appraising the estate, and making all necessary filings. Attention to detail is critical to fulfilling these responsibilities.
Trustworthiness
Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. As such, the chosen representative should be loyal, respect confidentiality, and be capable of handling another’s finances.
Patience, Neutrality, and Empathy
A personal representative should be patient and neutral when dealing with family tension or complications that arise during a probate. Also, the death of a loved one is usually emotional and stressful for families, so the executor should also be empathetic but decisive.
What Is the Process for Appointing an Executor?
The executor is appointed either by a will or by the probate court. After a person passes, loved ones should look for the most recent will of the deceased to determine the chosen executor. The will should be filed when the probate case is initiated, and the court must then confirm the executor. If a will is contested or if the chosen person is disqualified, the court may appoint someone else to act.
Finally, the court will appoint someone if the deceased did not have a will. Preference is typically given to surviving spouses, but other family members may petition to act as the personal representative. If the deceased has no living relatives, a close friend, entity, or professional may be appointed instead.
Contact a Kendall Attorney Today for Help in Assigning an Executor
Assigning an estate executor in Kendall is one of the most critical steps to probating an estate. Understanding how an executor is appointed and how to choose a representative for your probate can be key to preserving your legacy.
An attorney at The Florida Probate & Family Law Firm can help you through this process and assist you with appointing a qualified executor. Schedule a free case evaluation to learn more and take the next steps.