7 Things Every Florida Personal Representative Must Do (Or Risk Legal Trouble)

Being named personal representative is a deeply personal responsibility. It’s not just about paperwork and legal processes—it’s about carrying out the final wishes of someone who trusted you. That trust comes with challenges, from managing assets to ensuring debts are settled correctly.

Many people step into this role having no idea what to expect. You might be sorting through financial documents, notifying creditors, and making sure every detail aligns with Florida law—all while dealing with your own grief.

It can feel like a lot to take on, and it’s completely normal to feel a bit lost at first. But you’re not alone in this. With the right guidance and a solid plan, you can manage your responsibilities effectively.

Let’s break down what you need to know.

What Does a Personal Representative Do?

Serving as a personal representative isn’t just about handling paperwork; it’s about ensuring your loved one’s final wishes are honored. Here’s a breakdown of your key responsibilities:

1. Initiating the Probate Process

If the estate does not have a living trust and probate is necessary, you’ll need to file a petition for probate in the probate court to officially begin the process. Think of it as getting the green light to act on behalf of the estate. This step involves:

• Submitting the will (if one exists) to the court.
• Notifying the court of the decedent’s death.
• Obtaining legal authorization to manage estate assets.
• Identifying whether the estate qualifies for simplified probate procedures, which can reduce time and costs.

Under section 733.602, Florida Statutes, personal representatives have a fiduciary duty to act in the best interests of the estate and its beneficiaries, ensuring that assets are handled responsibly and legally.

2. Identifying and Securing Estate Assets

Once appointed, you must locate and protect all estate assets. This means playing detective, tracking down everything the deceased owned, and making sure it’s kept safe. This may include:

• Bank accounts and investment funds.
• Real estate holdings.
• Personal property such as vehicles, jewelry, and collectibles.
• Digital assets, such as online accounts and cryptocurrencies.
• Safe deposit boxes that may contain valuable documents or assets.

Setting up an estate bank account is essential to keep estate funds separate from personal finances. You will use this account to pay debts, taxes, and distribute assets to beneficiaries.

3. Notifying Creditors and Paying Debts

You can’t distribute anything to beneficiaries until debts are settled. As a personal representative, you must notify creditors of the probate case and assess any outstanding debts. This process includes:

• Publishing a notice to creditors in a local newspaper.
• Reviewing claims from creditors and verifying their validity.
• Using estate assets to settle valid debts and taxes.
• Ensuring all outstanding medical bills, funeral costs, and personal loans are properly addressed.

Under section 733.705 Florida Statutes, creditors have a set timeframe to file claims, and you must ensure debts and taxes are settled before distributing the remaining assets.

4. Handling Taxes and Final Expenses

Nobody likes dealing with taxes, but it’s a crucial part of settling an estate. You’ll need to file a final tax return on behalf of the decedent and ensure that any estate taxes, if applicable, are paid. This includes:

• Filing the decedent’s last income tax return.
• Filing an estate tax return, if required.
• Paying any outstanding property taxes or other obligations.
• Ensuring that the Social Security Administration is notified if the decedent was receiving benefits, preventing overpayments.

Failure to handle taxes properly can make you personally liable, so it’s essential to seek professional guidance if needed.

5. Managing Legal Disputes or Will Contests

Sometimes, beneficiaries don’t see eye to eye. Maybe someone feels they were unfairly left out of the will, or a distant relative suddenly emerges with claims to the estate. As a personal representative, you may need to:

• Address claims of undue influence or improper execution of the will.
• Defend against legal challenges that could delay probate proceedings.
• Work with a probate attorney to navigate contested wills and estate disputes.

Handling these matters efficiently can help ensure the estate is administered according to the decedent’s wishes while minimizing unnecessary legal complications.

6. Distributing Assets to Beneficiaries

Once debts are settled and taxes are handled, it’s time for the beneficiaries to receive their inheritance. This process includes:

• Transferring real estate titles.
• Disbursing funds from estate accounts.
• Ensuring personal property is distributed fairly.
• Ensuring minors or incapacitated beneficiaries receive assets through the appropriate legal channels, such as trusts or guardianships.

Under Florida Statutes §733.817, distributions must be made properly, or you could face probate litigation if a beneficiary contests the process.

7. Closing the Estate

Once all debts have been paid, assets distributed, and final tax returns filed, you’ll submit a final accounting to the court and request to close the estate. This involves:

• Providing a financial summary of estate transactions.
• Obtaining beneficiary consent for closure.
• Filing a petition to discharge the personal representative role.
• Ensuring all necessary records are kept in case any disputes arise after the estate is closed.

Only when the court grants approval can you fully step away from your responsibilities.

Common Challenges Personal Representatives Face

Being a personal representative isn’t always smooth sailing. Here are some common challenges and how to handle them:

Family Disputes

Disagreements between beneficiaries over asset distribution are common. To avoid conflicts:

• Follow the will’s instructions precisely.
• Maintain transparency by keeping beneficiaries informed.
• Consult a probate attorney to mediate disputes.

Missing or Unknown Assets

Some estates contain assets that are difficult to locate. You may need to:

• Search financial records, tax returns, and storage units.
• Check for unclaimed property databases.
• Work with a probate lawyer to conduct thorough searches.

Creditor Claims and Lawsuits

If creditors file excessive claims or beneficiaries contest the will, you must:

• Verify each creditor’s legitimacy before making payments.
• Defend against invalid claims using legal counsel.
• Follow court procedures to resolve disputes legally.

Do Personal Representatives Need a Probate Attorney?

While you can manage many duties on your own, Florida probate law can be complex, and some cases require legal guidance. A probate attorney can help:

• Navigate court requirements.
• Handle disputes with creditors or beneficiaries.
• Ensure tax filings and legal paperwork are completed correctly.

Since personal representatives may be personally liable for mismanaging estate assets, working with an experienced attorney can protect you from legal risks and simplify the process.

Final Thoughts: You Don’t Have to Do This Alone

Serving as a personal representative is an important but challenging responsibility. You must follow Florida probate law, act in the best interests of beneficiaries, and manage assets carefully. But you don’t have to navigate this alone.

At Vollrath Law, we understand the complexities of estate administration and are here to guide you through every step. If you need help fulfilling your responsibilities or handling a probate case, contact our office today. We’ll ensure the process is handled correctly so you can focus on what matters most—honoring your loved one’s legacy.