Fort Myers Probate - Probate in Florida
Why does Florida probate law require that a personal representative be represented by an attorney? In many ways, the representation is for the representative's protection. A personal representative is given a position of special trust - he is a fiduciary, and has a duty toward the heirs and creditors of the decedent. If the representative fails in that duty, he/she can be sued by any person injured by the failure. If you have been named as a personal representative for a will in Southwestern Florida, a Fort Myers probate lawyer can help you work your way through the complex maze of probate rules and laws. Actually, since most probate is uncontested, any Florida probate attorney can help you. It is recommended that you hire a Fort Myers County probate lawyer if there is contested litigation that needs to be held in the Fort Myers County courthouse because you will have an attorney familiar with the local rules, judges, etc.
What does a personal representative do?
In essence, the personal representative, like the executor in many other states, represents the decedent. It is the responsibility of the personal representative to see to the proper administration of the decedent's probated estate until it is distributed to its designated beneficiaries. Among the duties expected of the personal representative are the notifications required to all interested persons, filing of the will, settlement of any debts and distribution of the assets named in the will.
The Probate Process
Beginning the process: The process begins when any interested person files the original will with the Probate court along with a petition for administration. If the will is accepted, the judge will sign letters of administration which appoint a personal representative and serve as authority for the personal representative to administer the estate.
Debt assignment and management : One of the main purposes of probate is to see to it that all creditors with outstanding claims against the decedent are paid out of the estate. It is the responsibility of the personal representative to notify all potential claimants, verify their claims and make payments where required.
Asset security and management: It is also the duty of the personal representative to identify, secure and manage the assets of the estate. That can include making certain that the assets are insured and protected, and even investing the financial assets of the estate properly.
Distribution of assets: Once all tax and credit obligations have been settled, the personal representative is responsible for the distribution of assets to their intended beneficiaries.
The probate process is involved and complex, and most people who find themselves named personal representative of an estate have no experience with or knowledge of the probate court system. The advice and guidance of a probate lawyer can be invaluable in ensuring that all steps in the probate process are carried out in a timely and efficient manner. Click on the link to contact a Fort Myers Probate Lawyer.
