Losing a loved one is never easy, and being named as the executor (personal representative) of their estate can feel overwhelming. You may suddenly find yourself responsible for handling their finances, settling debts, and ensuring that their final wishes are carried out. If you’ve never been through the probate process before, it can seem confusing and stressful. At Elderly Care Law Firm, we guide executors through every step, helping them navigate Florida’s probate laws and avoid costly mistakes.

What is an Executor (Personal Representative), and What Do They Do?

In Florida, an executor is officially known as a personal representative. This person is responsible for managing and distributing the assets of someone who has passed away. 

Their responsibilities typically include:

• Filing the will with the probate court (if one exists)
• Notifying beneficiaries, creditors, and government agencies
• Paying outstanding debts, taxes, and funeral expenses
• Gathering all assets, such as bank accounts, property, and investments
• Distributing assets according to the will or Florida law
• Closing financial accounts and handling final tax returns

Being an executor is a big responsibility. If something goes wrong, the executor can even be held personally liable for mistakes. That’s why many personal representatives choose to work with an attorney to ensure they are following the law and fulfilling their duties correctly.

Does Every Estate in Florida Go Through Probate?

Not all estates require full probate, but most do. In Florida, the type of probate depends on the size of the estate:

• Formal Administration is the full probate process, required for estates worth more than $75,000. This process can take six months to a year or longer.
• Summary Administration is a faster, simpler process for estates worth less than $75,000 or for cases where the person has been deceased for more than two years.
• Disposition Without Administration is only available for very small estates that do not contain real estate and where final expenses, such as funeral costs, exceed the value of the estate.

Many people assume that having a will means probate is not necessary, but that is not always the case. In Florida, most estates must go through probate unless assets are specifically structured to avoid probate.

What Happens If There is No Will?

If a person dies without a will, their estate is considered intestate, and Florida law determines who inherits their assets. This usually means that:

• If the person was married, their spouse receives all or most of the estate.
• If there are children from previous relationships, the assets are divided between the spouse and the children.
• If the person was not married and had no children, the estate goes to their closest living relatives, such as parents or siblings.

The lack of a will can lead to family conflicts and legal challenges, making the probate process more complicated. This is why it’s always best for people to create a will and estate plan in advance.

What Are Some Common Mistakes Executors Make?

Being an executor can be stressful, and many first-time personal representatives make mistakes that can cause delays or legal issues. Some of the most common mistakes include:

• Failing to properly notify creditors – Florida law requires that creditors be notified and given time to file claims. If an executor fails to do this, they may be held responsible for unpaid debts.
• Distributing assets too early – Some executors give beneficiaries their inheritance before paying all debts, which can lead to financial problems if there isn’t enough money left to cover taxes or legal expenses.
• Not keeping accurate records – Executors must document all financial transactions, including payments, distributions, and court filings. Failing to do so can lead to disputes or even legal action from heirs.
• Handling probate alone – Probate law in Florida is complex, and without legal guidance, executors may struggle with deadlines, paperwork, and unexpected legal challenges.

Working with an experienced probate attorney can help executors avoid these pitfalls and ensure a smooth process.

How Long Does Probate Take in Florida?

The length of probate depends on the complexity of the estate. On average:

• Simple cases (Summary Administration) may take a few months.
• Complex cases (Formal Administration) can take six months to a year or longer, especially if there are disputes, missing assets, or tax complications.
• If a lawsuit is involved (such as a will contest or creditor claim), probate can take years to resolve.

Because of these timeframes, many families explore legal strategies to avoid probate altogether, such as setting up trusts or using beneficiary designations on assets.

How Can an Attorney Help an Executor?

At Elderly Care Law Firm, we help executors and personal representatives handle every step of the probate process while ensuring that everything is done correctly and in compliance with Florida law. Our legal team assists with:

• Filing court documents and handling legal paperwork
• Identifying and valuing assets
• Notifying creditors and settling debts
• Managing disputes between heirs
• Distributing assets properly and legally
• Ensuring that taxes and final expenses are paid

If you’ve been named an executor or personal representative and need legal guidance, we are here to help. Contact Elderly Care Law Firm at (305) 564-6606 for a consultation today.