Losing a loved one is always difficult, and the legal process that follows can be overwhelming. If you’ve been named as a personal representative (also known as an executor) in a will, you are responsible for managing and settling the deceased person’s estate. This includes handling assets, paying debts, and distributing inheritances according to the will or Florida law.

Many people are unsure of what being a personal representative entails or whether they need legal assistance. At Elderly Care Law Firm, we help personal representatives navigate Florida’s probate process efficiently while avoiding costly mistakes.

What is a Personal Representative?

A personal representative is the person appointed to manage the estate of a deceased individual. This role comes with serious legal responsibilities, including:

• Collecting and safeguarding the deceased’s assets
• Paying debts and taxes owed by the estate
• Distributing inheritances to beneficiaries
• Handling probate court proceedings
• Resolving disputes between heirs or creditors

In Florida, the personal representative must be:

• Over 18 years old
• A Florida resident or a close family member of the deceased
• Mentally competent and free of felony convictions

What If There is No Will?

If someone dies without a will, the Florida probate court will appoint a personal representative based on state law. Typically, the surviving spouse has first priority, followed by adult children or other close relatives.

The personal representative must follow Florida intestate succession laws, meaning assets are distributed according to state guidelines rather than the deceased’s wishes. This can sometimes lead to family disagreements, making legal guidance even more important.

How Long Does Probate Take in Florida?

Probate is the legal process of settling an estate, and it typically takes 6 to 12 months, depending on the complexity of the estate. However, if there are disputes, missing documents, or legal complications, probate can take several years.

Common Challenges for Personal Representatives

Serving as a personal representative comes with legal responsibilities, and mistakes can lead to delays, lawsuits, or even personal financial liability. Some of the most common challenges include:

• Failing to notify creditors properly, which can delay estate settlement
• Distributing assets too soon, leading to problems if debts are later discovered
• Not following Florida probate laws, resulting in potential legal penalties
• Handling family disputes over inheritances or the validity of a will

Because the role is complex, many personal representatives choose to work with an experienced probate attorney to ensure everything is handled correctly.

How Can an Attorney Help a Personal Representative?

At Elderly Care Law Firm, we guide personal representatives through every step of the probate process, including:

• Filing legal documents with the Florida probate court
• Identifying and protecting estate assets
• Ensuring debts and taxes are properly paid
• Handling beneficiary disputes and avoiding probate litigation
• Distributing assets legally and efficiently

If you have been named a personal representative and need guidance, call Elderly Care Law Firm at (305) 836-4697 today for a consultation. Handling an estate can be complicated, but you don’t have to do it alone.