Legal Question in Wills and Trusts in Florida

Personal Representative

I am named in my aunt's (Florida) will as Personal Representative- not as executrix; are they the same? PS: I live in NY


Asked on 12/11/07, 12:20 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Personal Representative

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Florida went unisex many years ago and replaced both the term Executor (for a male) and Executrix (for a female) with a single designation of Personal Representative.

Scott R. Jay, Esq.

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Answered on 12/14/07, 12:13 am

Re: Personal Representative

In Florida we use the term Personal Representative and not executor or executrix. They are basically different titles for the same job. Feel free to call me or send an email if you have any other questions.

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Answered on 12/11/07, 12:27 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Personal Representative

I agree with Kelly, that the terms are used interchangeably. Be mindful that Florida probate is quite complicated, in that an attorney is almost required for every step in the probate process (a boon for Florida attorneys) and differs from NY in that nothing can be dome in a simplified manner, and there are a lot of documents required to be filed. That probably explains why many Florida residents create living trusts, so they can avoid the probate process and the fees involved. Florida inheritance/estate taxes also differ from NY (lower thrsehhold for potential taxes), so many of the living trusts are irrevocable which can reduce or save these taxes. It may be a good idea for your aunt to consider this, if she has any appreciable size estate. Contact me directly if you need more assistance.

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Answered on 12/11/07, 1:21 pm


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