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Choosing a Personal Representative for Your Will

A Last Will and Testament (“will”) usually names the person who the decedent wants appointed as personal representative of the decedent’s estate. If you are in the process of drafting a will, or working with your elder law attorney to do so, you should give special thought to your choice for personal representative.

Florida law is quite broad when it comes to who may be appointed as personal representative. Most people choose a family member, close friend, or even their attorney. Almost any choice is allowed under Florida law, unless the person has been convicted of a felony, has mental or physical problems that would inhibit their ability to perform their responsibilities, is under eighteen years old, or has killed the decedent! In other words, you can pick almost anyone you want to be your personal representative.

However, you should understand that your personal representative will have many responsibilities. Both Florida statutes and case law outlines the many duties of a personal representative. To name a few, these include locating and compiling all the decedent’s assets after death, identifying and locating all the decedent’s heirs, sign off on the decedent’s probate administration filings, pay off or otherwise resolve all the decedent’s debts, and distribute the decedent’s remaining assets to his or her heirs. These responsibilities can range from a simple process to a drawn-out nuisance depending on how the decedent left his or her personal, legal, business, and financial affairs upon death.

You should discuss these responsibilities with the individual who you are considering naming as personal representative in your will before you do so. Your elder law attorney can also assist in explaining the scope of the responsibilities this person will one day face.

In the event you do not pick a personal representative, Florida statutes or the court may make the decision for you. If there is no will, the statutory preference is first, the surviving spouse, next, the person chosen by the majority of the heirs, and finally, the heir closest in relationship to the decedent. If more than one heir similarly close in relationship exists, the court chooses the personal representative. Generally, the court makes this important decision only if no one volunteers or the statutory preferences discussed do not apply.

If you have any questions about your will, appointing a personal representative, your role as a personal representative, or any other estate planning issues, please contact Rooth Law Group for a consultation today.