Wills, Probate

Trusts, Estate Planning

210 South Beach Street, Suite 202
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

Great service! Above expectations and quick. Very thorough with the details I needed to have done.

~ Thomas S

Heidi has prepared wills, durable power of attorney and Living wills for multiple relatives, my mother and me.

We recently needed to update documents for my mom. After a couple of phone consultations during which Heidi asked questions to ascertain all of our needs, we scheduled an appointment to meet and sign. Heidi always displays great level of care, concern and professionalism. She is very knowledgeable and quite thorough. The whole process was very smooth and easy. Mom was comfortable and felt heard and cared for. I have recommended Heidi to a number of friends and family and they have all echoed the same sentiment. If you are looking for the utmost respect and care while completing your estate planning I urge you to call Heidi.

~ Michael U

Ask Heidi: What is the role of the Personal Representative in Florida?

Personal Representative

For starters, some of you may find it helpful to know that a Personal Representative in Florida is the same thing as an Executor in many other states —Florida Law just chose the term Personal Representative.  A lot of times when I say that folks are like “ohhhhhhhh” and the a-ha moment occurs but if you’ve never dealt with either term this blog will hopefully clear up the basics.

A Personal Representative is responsible for gathering the assets of the Estate, protecting the estate property, preparing an inventory of the property, paying various estate expenses, paying valid claims [including debts and taxes] against the Estate, representing the Estate in claims against others, and eventually distributing the estate property to the beneficiaries. In the event the decedent passed away with a Will, the Will may often impose additional duties on the Personal Representative that are not required by law.   In all cases, the first thing the Personal Representation should do is contact an attorney to see what needs to be done [as well as what may not need to be done].

Here is a quick list of the responsibilities the Personal Representative will need to handle with the assistance of an attorney representing the estate:

  • Opening the Estate
  • Identify Assets of the Estate
  • Opening of the Estate Account
  • Provide Notice to Creditors
  • Preparation of an Estate Inventory and record-keeping during the administration
  • Filing of Tax Returns
  • Distribution of Assets and Closing the Estate

When choosing the Personal Representative for your Estate, it is critical to fully explain what comes with this responsibility to make sure they are up for the task. It is recommended to discuss your Estate Plan with an Estate Planning attorney in the State in which you reside to ensure your plan is draft correctly.  If you live in the Daytona Beach or Melbourne, Florida area, call my office for a free consultation.

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