Legal Question in Wills and Trusts in Florida

In a summary administration, is an administrator appointed? What is the difference between personal representative and fiduciary?

Asked on 1/22/24, 6:50 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Q. 1 - no administrator needed

Q2. - mainly a Fiduciary is a person above ground handling the affairs of another /personal representative is a person handling below ground - the estate

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Answered on 1/23/24, 6:46 am
Richard Bryan Richard Bryan Attorney PC

I'm not a Florida lawyer and can't speak to summary administration. Otherwise, the term "fiduciary" refers to someone who has a legal responsibility to act in the best interests of someone else. Sometimes investment advisors, for example, are fiduciaries and have a legal duty to invest for your best interests (as opposed to investing in something which earns them the largest commissions, for example). In most states the person appointed by the courts to handle the affairs of a decedent is called an "executor," and in New York an executor is appointed when someone has a will, and an "administrator" is appointed when someone doesn't have a will. In Florida, the person appointed by the court to handle the affairs of a decedent is known as the "personal representative." The person has a legal duty to act in the best interests of the beneficiaries of the decedent's estate, and for that reason is a fiduciary. The personal representative has a fiduciary duty to the estate. So often the personal representative is referred to as "the fiduciary of the estate," or just "the fiduciary." It's an easier word to say. Hope that helps.

Good luck.

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Answered on 1/24/24, 10:48 am

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