Personal Representative

What Is a Personal Representative?

A personal representative (PR) is the person appointed by the Florida probate court to administer a deceased person's estate. The PR is responsible for marshalling the decedent's assets, paying valid debts and taxes, and distributing the remaining assets to the beneficiaries named in the will or the heirs at law if there is no will.

Florida uses the term "personal representative" rather than "executor" or "administrator," though these terms are often used interchangeably in casual conversation.

Florida Legal Requirements

Under Section 733.302, Florida Statutes, a personal representative must be:

• At least 18 years old
• Mentally and physically capable of performing the duties
• A Florida resident, or a spouse, sibling, parent, child, or other close relative of the decedent regardless of residency
• Not a convicted felon (unless civil rights have been restored)

If the decedent's will names a PR, the court will appoint that person unless they are disqualified. If there is no will or the named PR is unavailable, the court follows a statutory priority order starting with the surviving spouse.

Personal Representative Duties

1. Secure assets — Take control of all estate assets, including real property, bank accounts, investments, and personal property.
2. Publish notice to creditors — Notify known and unknown creditors, starting the 90-day claims period.
3. File inventory — Prepare and file an inventory of all estate assets with the court within 60 days of appointment.
4. Pay debts and taxes — Evaluate creditor claims, pay valid debts, file the decedent's final tax returns, and pay any estate taxes.
5. Distribute assets — After all debts are paid, distribute remaining assets to beneficiaries according to the will or intestate succession law.
6. File accounting and close — Provide a final accounting to beneficiaries and petition the court for discharge.

Personal Representative Compensation

Under Section 733.617, Florida Statutes, the PR is entitled to reasonable compensation, which is presumed to be a percentage of the estate's value following the same statutory fee schedule as attorney fees. For a $500,000 estate, the presumed fee is $15,000.

Related Terms

• Probate — The process the personal representative administers
• Executor — Another term for personal representative
• Fiduciary Duty — The PR's obligation to act in the estate's best interest
• Beneficiary — The person who receives estate assets
• Living Trust — An alternative to probate that avoids the need for a PR

Barnes Walker PR Representation

Barnes Walker's probate attorneys represent personal representatives throughout estate administration, from appointment through final distribution and discharge. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC