You have a lot to consider when it comes to selecting a personal representative in Kendall, FL. This person is responsible for handling your estate after you pass away, and they can have a tremendous impact on the lives of your loved ones and heirs.
This decision is important, but you do not have to make it on your own. When you work with a dedicated probate attorney, you can get help identifying the right person before naming them in your will.
What is the Role of a Personal Representative?
A personal representative is the person or institution appointed to administer a deceased individual’s estate. Their duties are defined under Florida probate law and involve several important responsibilities. It is a position of trust, and it carries obligations for avoiding conflicts or self-dealing. When choosing a Kendall personal representative, the following are some of the important roles they will serve.
Collecting Assets
The first step in this process involves collecting and cataloguing your property. Before the representative can do anything else with your estate, they will need to have a clear picture of what you own. They must also obtain appraisals if needed to determine what these assets are worth.
Paying Debts
Another important job involves the creditors of the estate. The representative must first notify the creditors, then settle valid claims while challenging inappropriate ones. The representative may also have to settle any final tax obligations for the estate.
Distributing Assets
Once debts and taxes are handled, the personal representative distributes the remaining assets according to the terms of the will. If there is not a will in place, the property is handed down to your heirs under what is known as Florida’s intestacy laws.
Legal Filings
There are also several technical steps that the representative is responsible for. They must open the probate case, file necessary documents with the court, and maintain accurate records. This step is critical, as mistakes or omissions could result in personal liability for the representative.
Characteristics to Consider
If you are unsure of who to select as your personal representative in Kendall, there are a few things to take into account. You will benefit from selecting someone who is trustworthy; this is a position of trust above all else. Other factors include finding someone who has strong organizational skills and is willing to fill the role.
Serving as a Personal Representative
There are requirements that your chosen personal representative must meet, but not as many as you might think. Despite how important this role can be, the state largely leaves individuals with the ability to select the representative of their choosing regardless of their background.
In general, they must be a Florida resident and at least 18 years of age. Convicted felons are also prohibited from serving, and if you name someone who is ineligible, the courts will generally appoint someone else.
Some exceptions can allow for a non-resident to serve in this role. In general, this is limited to individuals who are blood relatives of the decedent, including children and siblings. It is best to speak with an attorney before making this important decision.
Talk to an Attorney in Kendall About Selecting a Personal Representative
Selecting a personal representative in Kendall is only one step in the estate planning process. If you are ready to plan for the future, The Florida Probate & Family Law Firm is here to help. Our team understands what goes into picking the ideal representative, and we can ensure you do your due diligence along the way. Call today to discuss your situation during a free case evaluation.