ESTATE ADMINISTRATION
Being named the personal representative—or executor, as it is often referred to in some states—of a deceased individual’s estate carries tremendous responsibilities. Among other things, the personal representative is the one who oversees the decedent’s property as it passes through the probate process and eventually into the hands of the beneficiaries. Unless the estate is very small, or the personal representative is the sole beneficiary, he or she must retain the services of an estate administration attorney to assist with probate, unless one is designated in the Will.
ESTATE ADMINISTRATION IN THE STATE OF FLORIDA
Even when there is a will in place, in most cases, Florida law requires an estate administration lawyer in most cases. The probate process can be complicated and intimidating. Parties typically find it mutually beneficial to utilize the services of a legal professional to guide them through the probate process. When there is a will, probate involves the tallying of the probate assets—those items solely owned by the testator of the will; the repayment of all outstanding claims against the estate; the determination of the beneficiaries; the division of assets; and eventually, the closing of the estate.
ROLE OF THE PERSONAL REPRESENTATIVE IN THE PROBATE PROCESS
The role of the Estate planning attorney assists personal representatives in carrying out their legal duties. These duties include:
• Tallying the Estate Assets
• Posting Notice to all Potential Creditors in a Local Newspaper
• Serving a “Notice of Administration”
• Perform a Search of Creditors and Notify Them of Estate Administration
• Defend the Estate Against Improper Claims and Pay Legitimate Ones
• Pay Estate and Probate Taxes
• Distribute Assets
• Close the Estate
To learn more about the role and responsibilities of the proper administration of an estate, contact me for a free consultation at 407.971.4727.
