What are some of the duties and powers of the Personal Representative?
January 9th 2012
So your father who lived in St. Augustine Florida just passed away and you find out that you were named the Personal Representative of his Will. What exactly do you need to do? What are your duties and what powers do you have to carry those duties out? The first thing you should do is contact an attorney to review the estate. The attorney will go over all the rules and types of probate with you so that you know exactly what you are getting into. Once you are named the Personal Representative by the probate court and you have your letters of administration, then what? The powers and duties of a Personal Representative can be found in Florida Statutes 733.601 - 733.620. Generally, the Personal Representative is deemed to be a fiduciary of the estate and must act in the best interests of the estate and beneficiaries. The job of the Personal Representative is to settle and distribute the estate of the decedent according to the decedent's Will in an expeditious and efficient manner. As long as the Personal Representative acts in the best interest of the estate and beneficiaries, the Personal Representative will not be subject to any personal claims or lawsuits. One of the first duties of the Personal Representative is to open the probate proceeding in the proper court. Once the proceeding is opened, then the Personal Representative must notify all the beneficiaries of the estate that the probate has been opened and also notify all potential creditors that an estate proceeding has been opened. Once any interested parties have been notified, then the Personal Representative needs to go gather the assets of the estate and inventory them so that a proper inventory is filed with the court. The court's job in the probate proceeding is to make sure that all debts are paid and all assets are distributed properly under the Will. In gathering the assets, the Personal Representative may change the locks on any real estate to protect the asset from being depleted by beneficiaries or anyone else. In gathering financial assets, the Personal Representative shall change the name and address on all accounts so that any future statements come to the Personal Representative. Florida Statute 733.612 describes some specific activities that the Personal Representative may engage in such as selling real estate, investing financial assets, voting on business decisions. Remember, all of this must be done in the best interests of the estate and its beneficiaries. If you are deemed to be acting in your own best interest, a beneficiary may file a lawsuit against you personally for your bad acts and breaching your fiduciary duty. Florida Statute 733.609 allows the court to have you pay all the beneficiaries attorney's fees and court costs, so it could get expensive. Having stated all the above, the most important part is to make sure you consult and retain an attorney. In Florida, you must retain an attorney for a probate proceeding unless the only assets within the estate are tangible personal property. A qualified attorney will ensure that you do not run afoul of your duties under the Florida Probate Code and ensure that everything is taken care of in an efficient and proper manner.