Serving as a personal representative in Florida carries significant responsibilities that require diligence, integrity, and an understanding of probate law. The role is both an honor and a serious obligation. Understanding the duties and potential pitfalls, as explained by a Florida probate lawyer, can help ensure the estate is administered properly. Under Florida law, a formal probate administration must be handled with the assistance of a licensed attorney. This Florida probate guide from Mara Law, P.A., serving Ormond Beach, Daytona Beach, DeLand, Palm Coast, and the surrounding areas, provides essential information for every personal representative.

What is a Personal Representative?

A personal representative is an individual designated to administer a decedent’s estate under the supervision of the probate court. Many clients ask, “Is a personal representative the same as an executor?“ In Florida, the terms are often used interchangeably. A personal representative is tasked with carrying out the instructions of the will, if one exists, or following state law if the decedent died intestate (without a will).

The appointment is formalized through the probate court, which empowers the personal representative to act on behalf of the estate. This authority is not unlimited. The personal representative must act within the scope of the law, the terms of the will, and in the best interest of the estate and its beneficiaries.

Understanding Florida Probate Procedures

Florida probate law provides a structured process for estate administration. A personal representative should be familiar with these procedures:

1. Opening the Probate Case: Filing a petition with the probate court to open the estate administration establishes the personal representative’s legal authority to act.
2. Notifying Interested Parties: All beneficiaries and heirs must be notified of the probate proceedings. This outreach includes publishing a notice to creditors to allow claims against the estate to be submitted.
3. Inventory and Appraisal: The personal representative must prepare a detailed inventory of estate assets and obtain appraisals when necessary.
4. Managing and Protecting Assets: While the estate is in probate, the personal representative must manage assets prudently, paying necessary expenses and safeguarding property.
5. Final Distribution: After debts, taxes, and expenses are paid, the personal representative distributes the remaining assets in accordance with the will or Florida intestacy laws. A final accounting may be filed with the court to document the distribution.

Legal Considerations and Potential Pitfalls

Serving as a personal representative carries legal obligations that, if violated, can result in liability. One of the most significant concerns is a breach of fiduciary duties. A breach of fiduciary duties occurs when a personal representative acts in his/her own interest rather than the interest of the estate or its beneficiaries. Examples include:

• Failing to account for estate assets properly
• Self-dealing or using estate funds for personal benefit
• Ignoring creditor claims or mismanaging debts
• Favoring certain beneficiaries over others without legal authority

As your probate law firm, Mara Law, P.A. provides guidance on fiduciary responsibilities and Florida probate law. Our attorneys ensure that the personal representative complies with all legal requirements and avoids potential claims from beneficiaries or creditors.

Can a Personal Representative Be a Beneficiary?

Many clients ask, “Can a personal representative be a beneficiary?“ The answer is yes. A personal representative may also be a beneficiary of the estate. However, this dual role requires extra caution. A personal representative who is also a beneficiary must remain impartial and act in the best interest of all beneficiaries. Any appearance of favoritism or self-dealing can lead to disputes and legal challenges.

Working with a Probate Law Attorney

A personal representative does not navigate probate alone. A probate law attorney, as required by Florida law, provides invaluable support throughout the administration process. 

Legal professionals can:

• Advise on fiduciary duties and legal obligations
• Assist in preparing and filing probate documents
• Resolve disputes among beneficiaries or with creditors
• Guide asset distribution according to Florida probate law

At Mara Law, P.A., our attorneys prevent costly mistakes and ensure that the estate is administered efficiently and correctly.

Avoiding Common Mistakes

Even well-intentioned personal representatives can make mistakes. Common pitfalls include:

• Failing to act promptly or within legal deadlines
• Mixing personal funds with estate funds
• Ignoring tax obligations
• Making unilateral decisions without consulting beneficiaries or the court

Working with our probate lawyers and following Florida probate procedures can minimize risks so the personal representative can fulfill his/her duties successfully.

Key Takeaways for Personal Representatives

• A personal representative, along with the counsel of a licensed Florida attorney, is responsible for administering the estate in accordance with the will or state law.
• Breach of fiduciary duties can result in legal liability, including removal from the position and personal financial responsibility.
• A personal representative can be a beneficiary but must remain impartial.
• Probate law attorneys provide guidance, protect the personal representative, and help navigate complex probate procedures.
• Understanding Florida probate law, including notifications, inventories, and final distributions, is essential to fulfilling legal obligations correctly.

Serving as a personal representative is a significant responsibility. With careful attention to duties, legal requirements, and potential pitfalls, a personal representative can honor the decedent’s wishes while protecting the estate and its beneficiaries.

Contact Mara Law, P.A. for all of Your Estate Administration Needs

 Mara Law, P.A. stands out as the best choice for a personal representative because the firm offers substantial probate-law experience combined with a deeply personalized approach. The firm’s lead attorney, Wendy A. Mara, is AV-rated by Martindale-Hubbell for professional excellence and ethics, a recognition that many firms do not obtain. Since the firm’s founding in 2009, Mara Law, P.A. has served clients across Volusia and Flagler counties. The attorneys are familiar with local probate courts and Florida-specific estate laws. 

Moreover, Mara Law, P.A. emphasizes client-centered service. The attorneys take time to get to know the family’s unique needs and circumstances, maintain close communication throughout the process, and aim to reduce stress during what is often an emotional time. That combination of technical probate knowledge, recognized professional excellence, and genuine commitment to client care makes Mara Law, P.A. well suited for a personal representative who wants to fulfill fiduciary duties carefully and confidently.

Consulting with Mara Law, P.A., in Ormond Beach, Daytona Beach, DeLand, or Palm Coast ensures that the personal representative receives guidance from an experienced probate lawyer, making the probate process smoother and reducing the risk of disputes or liability. Contact Mara Law, P.A. at (386) 672-8081 or complete our online form to schedule an initial consultation today!