What Does A Personal Representative Do After A Death Occurs?
In Florida, the personal representative is the person named under a will to administer someone’s estate after they pass away. In other states, the personal representative can be known as an executor or administrator. Situationally, the personal representative is the person everyone looks to handle the financials after someone passes away. In many circumstances, the person named as personal representative is also named under a power of attorney to handle finances or a designation of healthcare surrogate to handle medical decisions. Of course, the power of attorney and health care surrogate cease to work after someone passes away and that’s when the last will and testament takes over. If there is not a last will and testament, the person to serve as personal representative generally defaults to a surviving spouse. If there is no surviving spouse, it generally goes to the person all the beneficiaries select.
Immediately after a death, the personal representative will make contact with the funeral home about all the final arrangements relating to cremation or burial and coordinate the service. After that occurs, the personal representative will look at all the decedent’s bills to see what may be outstanding and gather information about the assets and legal documents that are in place. If the estate is simple and does not require probate, the personal representative will initiate any final financial transfers through beneficiary designations and produce the death certificate to any entity that requires a death certificate to release their money.
If the financial institution requires letters of administration or probate court orders, the personal representative would need to contact a probate attorney to administer the remaining estate. To administer an estate in Florida, the person named personal representative would need to either receive a court order of summary administration or a probate judge would appoint the person named under a will as personal representative and issue the letters of administration. After being appointed as personal representative, the personal representative and the attorney will initiate a notice of creditors to be published in the newspaper, so creditors can file claims against the estate.
The personal representative will gather and finalize information regarding the probate assets at the time of death of the decedent. The personal representative will provide notice to all the beneficiaries of the existence of a will or the non-existence of a will and provide an inventory to these beneficiaries. Once the estate is determined, concerning assets and liabilities, the personal representative and the attorney will provide a formal or, upon a unanimous agreement, an informal accounting to the beneficiaries, including a proposed distribution plan. If there are no objections or there is a waiver of the formal accounting, then the personal representative and the attorney will oversee the payment of all the remaining creditors and beneficiaries. After this is done, the attorney for the personal representative will notify the court that he or she has completed the administration of the estate.
How Long Does A Personal Representative Have To Settle An Estate In Florida?
Under Florida law, the personal representative must settle an estate within one year from the date of appointment as personal representative. A formal administration should be finished within a year of the appointment.
For more information on Duties Of A Personal Representative, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.
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