01/15/2026
RESPONSIBILITIES AND RIGHTS OF PERSONAL REPRESENTATIVE
Responsibilities of a Personal Representative
As a fiduciary, a personal representative (“PR”) must act with prudence and transparency, managing the estate's affairs with the highest standard of care.
Managing and protecting assets
• Identify and inventory assets: Locate all of the decedent's property, including bank accounts, real estate, vehicles, and personal belongings. This involves conducting a diligent search and filing an inventory with the court.
• Safeguard assets: Secure all estate property to protect it from theft, damage, or neglect. This may require changing locks, arranging for storage, and obtaining insurance.
• Manage finances: Collect income like rents or interest, open an estate bank account, and transfer the decedent's individual accounts into the estate's name.
• Act prudently: Manage and invest estate assets wisely to prevent devaluation.
Notifying and paying debts
• Notify creditors: Publish a "Notice to Creditors" in a local newspaper and mail a copy to all known or reasonably ascertainable creditors. This opens a specific window for creditors to file claims.
• Review and pay claims: Review all claims filed by creditors and pay the valid ones using estate assets. If a claim is invalid, the PR must object.
• Pay taxes: File all necessary federal and state tax returns, including final individual income taxes and estate tax returns, and pay any taxes owed.
• Settle debts: Pay all outstanding bills and expenses of the decedent and the estate administration, such as funeral expenses, attorney's fees, and appraisal costs.
Distributing the estate
• Provide an accounting: Deliver a detailed report to all beneficiaries outlining the estate's assets, expenses, and proposed distribution plan.
• Distribute property: After all valid debts, claims, and taxes are settled, distribute the remaining assets to the beneficiaries according to the will or Florida's intestacy laws if there is no will.
• Close the estate: File a final accounting and petition for discharge with the court to formally end the administration.
Rights of a Personal Representative
In addition to their duties, a PR has rights that allow them to administer the estate properly.
• Right to compensation: A PR is entitled to reasonable compensation for their services, which is typically based on a statutory fee schedule or can be determined by the will or the court.
• Right to legal counsel: The PR has the right to hire professionals, such as a probate attorney, accountant, and appraiser, to assist with the administration. In Florida, an attorney is generally required for formal administration with multiple interested parties.
• Broad authority: The court-issued "Letters of Administration" grant the PR broad authority to manage and act on behalf of the estate without needing court approval for every action unless the court orders otherwise.
• Limited personal liability: A PR is generally not personally liable for the estate's debts, but they can be held personally responsible for losses caused by a breach of their fiduciary duties, such as negligence, mismanagement, or self-dealing.
• Right to a lien on homestead property: If the PR pays expenses to preserve, maintain, or protect the decedent's homestead property before its final disposition, they are entitled to a lien on the property to secure repayment from the heirs.
• Power to sell assets: The PR has the right to sell estate assets to pay debts and expenses, as long as the sale is in the best interest of the estate and beneficiaries. The PR must provide beneficiaries with notice of any potential sale.
