What Does a Personal Representative Do in a Florida Probate Case?

video

When a loved one passes away in Florida, the probate process often becomes necessary to ensure their assets are properly distributed. In this process, the court appoints a Personal Representative (sometimes called an executor in other states) to handle the estate. If you are named as a Personal Representative in a Broward County probate case, you may feel overwhelmed with responsibilities and legal requirements.

This guide explains what a Personal Representative does in Florida probate, what duties they owe to beneficiaries, and what to expect specifically in Broward County.

What Is Probate in Florida?

Probate is the court-supervised process of identifying a deceased person’s assets, paying their debts, and distributing what remains to the rightful heirs or beneficiaries. In Florida, probate is generally required when:

• The deceased owned assets in their sole name.

• The estate has assets that don’t automatically transfer to beneficiaries (like jointly owned property or accounts with payable-on-death designations).

In Broward County, probate cases are handled by the Seventeenth Judicial Circuit Court, located in Fort Lauderdale. The court ensures that the estate is handled according to Florida probate law, primarily outlined in Chapters 731–735 of the Florida Statutes.

Who Is a Personal Representative?

A Personal Representative (PR) is the individual or institution appointed by the probate court to administer the estate. In Florida:

• If the deceased left a will, the person named as executor typically becomes the Personal Representative.

• If there is no will, the court appoints someone, often a spouse, adult child, or another close relative.

• 
  

Eligibility Rules in Florida

Not everyone can serve as a Personal Representative. Under Florida Statute §733.303, a PR must:

• Be at least 18 years old.

• Be mentally and physically capable of performing the duties.

• Be a Florida resident, unless related to the deceased by blood, marriage, or adoption.

• Not have a felony conviction.

• 
  

What Does a Personal Representative Do?

Serving as a Personal Representative is a serious responsibility. Florida law requires the PR to act as a fiduciary, meaning they must act in the best interest of the estate and its beneficiaries. Here are the key duties:

1. Opening the Probate Case

The PR, usually with the help of a probate attorney, files the necessary paperwork with the Broward County probate court. This includes:

• The petition for administration.

• The original will (if one exists).

• A death certificate.

  
  

2. Marshaling the Assets

The PR must identify, gather, and secure all of the decedent’s assets. This may include:

• Real estate.

• Bank accounts.

• Investment accounts.

• Vehicles.

• Personal property like jewelry or artwork.

A detailed inventory of the estate must be filed with the court.

3. Notifying Creditors

Florida probate law requires the PR to:

• Publish a Notice to Creditors in a local Broward County newspaper.

• Personally notify known creditors of the estate.

Creditors typically have 90 days to file claims.

4. Paying Debts and Expenses

The PR must pay valid debts, taxes, and estate administration expenses. Common expenses include:

• Funeral costs.

• Court filing fees.

• Attorney’s fees.

• Accountant’s fees.

  
  

5. Managing Estate Property

Until the estate is settled, the PR must maintain estate property. For example:

• Keeping insurance active on a home.

• Ensuring utilities are paid.

• Safeguarding valuable personal property.

  
  

6. Distributing Assets

Once debts and expenses are resolved, the PR distributes the remaining assets according to the will or, if there is no will, Florida’s intestate succession laws.

7. Closing the Estate

Finally, the PR files a final accounting with the court and requests discharge. Once approved, the estate is officially closed.

Common Questions About Personal Representatives in Broward County

Do I Have to Hire an Attorney?

Yes. In almost all cases, Florida law requires a Personal Representative to be represented by a licensed Florida probate attorney. This ensures the PR fulfills their legal duties and avoids mistakes.

How Long Does the Process Take?

The timeline depends on the estate’s complexity. A simple estate may take 6–9 months, while complex estates can last over a year. In Broward County, court scheduling and creditor claim periods also impact timing.

What Happens If I Make a Mistake?

Because the PR is a fiduciary, they can be held personally liable for mistakes that harm the estate or beneficiaries. This is why legal guidance is essential.

Can More Than One Personal Representative Serve?

Yes. In Florida, co-personal representatives can serve together, but this can add complexity. Unless a will specifically requires it, courts generally prefer appointing just one PR.

Florida-Specific Considerations for Personal Representatives

• Homestead Property: Florida has unique homestead protections. A Personal Representative must carefully handle homestead property, as it may pass outside probate.

• Elective Share: Surviving spouses may be entitled to 30% of the estate, regardless of the will.

• Broward County Court Procedures: Each county has its own local administrative rules. In Broward County, filings are handled electronically, and hearings may be conducted remotely in some cases.

  
  

Why the Role of Personal Representative Is So Important

The Personal Representative ensures that probate is handled fairly, efficiently, and legally. Without someone in this role:

• Assets could be lost or mismanaged.

• Creditors might not be properly notified.

• Beneficiaries could face unnecessary disputes.

By fulfilling these duties, the PR brings closure and order during an otherwise difficult time.

How Taormina Law, P.A. Helps Personal Representatives in Broward County

At Taormina Law, P.A., we guide Personal Representatives through every step of the probate process. Attorney Joe Taormina works directly with families in Broward County and throughout Florida to:

• File all necessary court documents.

• Communicate with creditors and beneficiaries.

• Ensure assets are properly managed and distributed.

• Protect Personal Representatives from liability.

Whether you have been appointed as a PR or expect to be, having the right legal support makes the process manageable and reduces stress.

Conclusion: Get Help with Your Broward County Probate Case

Serving as a Personal Representative in a Florida probate case is an important but challenging responsibility. From opening the case to closing the estate, every step requires careful attention to Florida law and Broward County procedures.

If you have been named a Personal Representative, don’t navigate the process alone. Contact Attorney Joe Taormina at Taormina Law, P.A. for trusted probate guidance in Broward County and throughout Florida.

👉 Visit TaorminaLawPA.com today to schedule a consultation and get the support you need.

Broward County Probate Attorney Joe Taormina