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What is a Probate Personal Representative? (Florida)

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The personal representative is the person, bank, or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. The term “personal representative” is used in Florida instead of such terms as “executor, executrix, administrator, and administratrix.” The personal representative has a legal duty to administer the probate estate according to Florida law. The personal representative must:

  • Identify, gather, value, and safeguard the decedent’s probate assets.
  • Publish a “Notice to Creditors” in a local newspaper to notice potential claimants to file claims in the manner required by law.
  • Serve a “Notice of Administration” to provide information about the probate estate administration and procedures required to be followed by those having any objection to the administration of the decedent’s probate estate.
  • Conduct a diligent search to locate “known or reasonably ascertainable” creditors and notify these creditors of the time by which their claims must be filed.
  • Object to improper claims, and defend suits brought on such claims.
  • Pay valid claims.
  • File tax returns and pay any taxes properly due.
  • Employ professionals to assist in administering the probate estate, for example, attorneys, certified public accountants, appraisers, and investment advisers.
  • Pay expenses of administering the probate estate.
  • Pay statutory amounts to the decedent’s surviving spouse or family.
  • Distribute probate assets to beneficiaries.
  • Close the probate estate.

Suppose the personal representative mismanages the decedent’s probate estate. In that case, the personal representative may be liable to the beneficiaries for any harm they may suffer.

* Lacombe Avocats offers several types of services related to the liquidation of an estate:

1) a turnkey estate liquidation service and carries out each of the steps for you at a flat rate: 5% of the value of the estate;

2) A support service for liquidators, ideal for occasional consultations: 10 a.m. block at $1500, 8 p.m. block at $2800

3) A written legal opinion service to answer specific questions: from $450.

4) A 30-minute telephone consultation ($150).

Contact us for more information: Tel: 514-898-4029 Email: malacombe@LacombeAvocats.ca

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