Legal Question in Wills and Trusts in Florida

what entails being a representative of an estate in florida?

Asked on 4/07/12, 12:25 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

You are charged with the duty to carry out the directions of the will. You locate all assets, pay off creditors and distribute to the beneficiaries, while advising the court as to what you are doing. You are entitled to a commission and should retain counsel to assist you.

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Answered on 4/07/12, 12:41 pm

You are appointed by the court to administer the probate estate. You are personally liable, and may have to put up a surety bond.

Some of the responsibilities are to hire proper people to assist in the administration (attorney, CPA, appraiser, realtor, etc.), account for assets, notify creditors, payoff valid creditors, handle tax matters, and an accounting satisfactory to the beneficiaries and possibly to the court. You may also need to clean up places, or arrange for someone to do it, and essentially close down the business and personal affairs of the decedent.

It can involve some litigation if necessary, but usually doesn't, and when you are done, you then need to disburse the remaining proceeds to the named beneficiaries.

You are entitled to be paid, and get reimbursed for all proper expenses you may have loaned out.

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Answered on 4/07/12, 1:50 pm

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