How to Choose the Right Personal Representative in Florida?

When it’s time to create a Last Will and Testament in Florida, one of the most important decisions you’ll make is nominating a Personal Representative. This is the person who will handle your affairs after you pass.

What Does a Personal Representative Do in the Probate Process?

A personal representative is responsible for managing your estate assets according to the terms of your will and Florida law. This includes managing your assets, paying debts, paying applicable taxes, and ultimately distributing the estate to your named beneficiaries.

A personal representative’s responsibilities may include:

• Locating and filing your original will with the probate court

• Opening a formal probate estate, if required

• Collecting, managing, or selling your assets

• Notifying creditors and settling valid debts

• Filing required tax returns and paying any estate or final personal taxes

• Distributing remaining assets to the rightful heirs and beneficiaries

• Keeping detailed records and submitting an accounting to the court and beneficiaries

Fiduciary Duties Under Florida Law

In Florida, a personal representative acts as a fiduciary, which means they must act with loyalty, honesty, and in the best interest of the estate and its beneficiaries. The law holds them to a high standard of care and requires transparency and accountability throughout the probate process.

In most cases, the personal representative is entitled to reasonable compensation, which can be outlined in the will or calculated based on Florida’s statutory fee schedule. However, some family members may choose to waive this fee, especially if they are also beneficiaries.

Should You Require a Bond?

Florida law does not automatically require a personal representative to post a fiduciary bond, especially if the will waives it. However, the court may require one if there is a concern about the person’s ability to manage the estate properly.

Choosing the Right Personal Representative

Selecting your personal representative is a decision that deserves careful thought. You should choose someone who is:

• Trustworthy

• Organized and responsible

• Able and willing to serve

• Capable of handling financial and legal matters

• Sensitive to your family’s dynamics and needs

Common choices include your spouse, adult children, siblings, trusted friends, or a professional, such as an attorney or bank trust officer.

Should You Nominate a Professional or Individual?

Each option has its pros and cons. A professional personal representative (such as a trust company or probate attorney) is likely to:

• Have specialized knowledge of estate, tax, and probate laws

• Provide continuity if your chosen person is unable or unwilling to serve

• Offer impartiality in emotionally charged situations

• Be easier to hold accountable for mismanagement

Final Thoughts

Choosing the right personal representative for your Florida estate plan is essential to ensuring your wishes are carried out smoothly and efficiently. Whether you select a loved one, a professional, or a combination of both, your choice should reflect both your values and the complexity of your estate.

If you’re unsure who to choose—or want to better understand what serving as a personal representative involves—Reach out to us to guide you through the process.