Personal Representatives (i.e., PRs) can be the relatives and/or friends designated or named in a Last Will & Testament as the final administrator of a deceased party’s estate. If a person has agreed to serve in such a capacity, one may or may not know the outlines of the tasks or duties they will face. Such tasks may include closing down accounts, inventorying assets and distributing them according to the terms or bequests within the Will document. Even when relatively simple, such as when a spouse passes away and leaves all to the other spouse, the paperwork may appear daunting. Consequently, when it does get more complicated, for example when a widower passes away and there are many children and assets, there will be much more work involved.
Acting as a PR may not be an easy task. The paperwork involved can exceed one’s imagination. The personal side can also be difficult. One may need to pacify impatient heirs or beneficiaries or mediate domestic disputes. Taking on the role as a PR is a true sign of devotion to the dearly departed party. Even if one gets paid to act as a PR, it is more a labor of love.
The following steps may ensure that when the time comes to serve as a PR, one in turn can honor the deceased party, serve their heirs or beneficiaries, and perform their task as effectively and efficiently as possible.
To ensure when acting in the role of a PR they understand the Testator or person who creates a Last Will’s terms or wishes, one should ask the said person to be specific about what he or she truly wants to happen with their estate after their death within the terms or provisions of said Last Will. If possible, discuss the terms of the Last Will amicably prior to death. Also, do not be surprised or get angry if there are unexpected bequests or exclusions. If those bequests or exclusions are bothersome, then nicely request the maker of the Last Will explain themselves in a final letter of instruction or an informal document to be read after death which explains their decisions.
Upon the subject person’s death, virtually nothing important can happen until the original Last Will is located. It is best to hire an experienced attorney to assist and then file or deposit the original Last Will & Testament along with a Certified copy (sometimes considered an original) death certificate with the applicable county probate court in the state of Florida. Thereafter, when the appropriate Petitions and other related documents are filed, one can obtain Letters of Administration, Order Admitting Will & Appointment of PR along with an Order for the Estate Depository or bank account if a Formal Administration, the Notice to Creditors must be Published in an appropriate local newspaper and await the appropriate passage of time for the Creditors, if any, to file claims, If a Summary Administration, then file Petitions and publish the Notice to Creditors and await the appropriate passage of time to submit appropriate Orders. If any specific creditors are known, a Notice of Creditors is mailed directly to them, including Florida Medicaid, especially if the subject party died after the age of 55.
If a Formal Administration, the Letters of Administration recognizes the PR, which is a required step before they can take any action on behalf of the deceased’s estate. Order a number of Certified copies of said Letters as well as the death certificate. The PR will need them to cancel credit cards, sell a home (along with a Petition and Order authorizing it), transfer title to a car, if necessary, having monies transferred from the individual accounts to the estate account, and shutting off utilities, among others.
The PR must also safeguard assets such as a vacant house which can attract thieves who review the obituaries as well as relatives and neighbors who may act in their own self-interest. One should lock up the property and secure all items from theft, including jewelry and other valuable items, in a safe location. Photograph all assets as well as the inside and outside of the home to document its condition and its contents. Some family members may feel entitled to said assets shortly after death.
Prepare to handle many tasks of the deceased’s life such as maintaining and selling or conveying a house, stopping Social Security payments, settling debts, closing financial accounts, meeting tax filing deadlines, etc. It is best to create a To-Do list and keep meticulous records for one’s own protection and to those he has a fiduciary duty (i.e., heirs or beneficiaries).
Many administrative tasks can be done by the PR and/or family of the deceased to avoid unnecessary expenses or fees, however, it is recommended that an experienced attorney be hired to assist.
The foregoing is a brief and general overview of the duties and responsibilities when acting in the role of a Personal Representative in Florida.
If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.