Remember these tips to choose your personal representative.
When creating your estate plan, one of the most important decisions you’ll make is choosing the person who will be in charge of handling your estate after you pass away. In Florida, this role is called the personal representative—a term that is equivalent to what other states often refer to as the executor. This person has the legal authority and responsibility to carry out your wishes, settle debts, and distribute your assets according to your will or state law. Selecting the right person for this role is essential. Here’s what you should consider when making your choice with your estate planning attorney at the Millman Law Group.
Understand the Responsibilities Involved
Your personal representative will be responsible for:
- Filing your will with the probate court
- Notifying beneficiaries and creditors
- Gathering and valuing assets
- Paying outstanding debts and taxes
- Distributing property to heirs
This is not a ceremonial role, as it requires organization, time, and sometimes complex decision-making. Choose someone who understands the commitment and is capable of following through.
Qualities to Look for in a Personal Representative
To make sure your estate is handled properly, consider naming a personal representative with these qualities:
- Trustworthy: This is perhaps the most critical trait. The person you choose will have access to your assets and confidential information.
- Detail-oriented: Estate administration involves deadlines, legal documents, and accounting. Your representative should be someone who pays attention to detail.
- Reliable and available: The job may take months, even a year or more. Choose someone with the time and ability to manage responsibilities over a long period.
- Good communicator: Your personal representative may need to interact with attorneys, financial institutions, and your heirs. Clear communication can reduce confusion and conflict.
Florida’s Legal Requirements
Florida has specific rules about who can serve as a personal representative. This person must be:
- At least 18 years old
- Mentally and physically capable of performing the duties
- A Florida resident or a close relative (such as a spouse, sibling, child, or parent)
If you name someone who does not meet these criteria, the court may reject your choice.
Should You Choose a Family Member, Friend, or Professional?
Many people name a spouse, adult child, or close friend as their personal representative. While this can work well, you should consider whether that person is truly up for the task, especially if emotions will be high after your death.
If your estate is complex or you’re concerned about family conflict, consider naming a professional fiduciary, such as a lawyer, CPA, or trust company. These individuals are trained to handle estates and can remain neutral while accomplishing the essential tasks.
Always Name a Backup
It’s a good idea to name an alternate personal representative in case your first choice is unable or unwilling to serve when the time comes. Life is unpredictable, and having a backup ensures your plan will still go smoothly.
Talk to the Person You Choose
Before naming someone in your will, speak with them. Make sure they are aware of your decision and comfortable with the role. Surprising someone with this responsibility after your death can create unnecessary stress and confusion.
If you’re unsure who to name as personal representative or want to explore your options, working with an experienced estate planning attorney in Florida can help you make an informed decision.
Estate Planning Made Easy With Millman Law Group
Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs Trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, Linked In, and Pinterest. You can also contact us at 561-463-6480.