Duties of the Personal Representative

What are your legal responsibilities?

Have you been appointed as a personal representative of a loved one's estate? If so, you are likely curious to know what exactly your duties entail. At the Law Office of Conrad Willkomm, P.A., personal representatives throughout Naples and Collier County retain our services to navigate them through the Florida probate process.

We know Florida's probate laws inside and out, and we have handled over one hundred probate cases. We handle most matters on a flat fee basis, and our attorneys are always available, even after office hours. Once we have been retained, we'll give you our cell phone numbers so you can easily reach us.

Responsibilities of the Personal Representative

As a personal representative, you are in charge of administering the decedent's probate estate. Florida uses the term personal representative, though other states use the term "executor." Still, the duties remain the same despite the differences in titles.

The personal representative is bound by the laws of Florida to follow all court procedures, to adhere to all probate laws, to act in the best interests of the beneficiaries and the estate, and to refrain from engaging in any form of self-dealing.

Duties of the personal representative, include:

  • Identify and gather the decedent's assets
  • Safeguard the decedent's assets
  • Collect any rents or other income
  • Publish a Notice to Creditors in the newspaper
  • Serve the Notice of Administration
  • Locate and notify the decedent's creditors
  • Defend any lawsuits against the estate
  • Pay any valid claims
  • File and pay tax returns
  • Hire professionals such as attorneys, CPAs, and appraisers etc.
  • File accountings with the court
  • Sell real estate as necessary
  • Distribute assets to beneficiaries

Nonrelatives may qualify as personal representatives only if they are residents of Florida. On the other hand, any spouse, sibling, parent, child, or other close family member of the decedent may qualify to serve as the personal representative, regardless of what state they reside in.

If you are not closely related to the descendant and if you do not live in Florida, then you cannot serve as the personal representative.

Contact a Naples Probate Attorney

If you would like to receive a free case evaluation, please contact our firm directly at (239) 262-5303, or fill out our online case evaluation form. At the Law Office of Conrad Willkomm, P.A., we look forward to assisting you in gaining clarity and direction on your probate case!