How Do I Choose a Personal Representative to Name in My Florida Will?
NEW TAMPA ESTATE PLANNING ATTORNEYS
One of the benefits of establishing an estate plan is that you get to choose who will serve as the personal representative of your estate. The personal representative serves a very important role in administering your Florida estate. It is important that you choose your personal representative carefully. When appointing a personal representative, first consider who is eligible under Florida law to serve as a personal representative. Pursuant to Florida statues, to qualify as a personal representative, a person:
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Cannot be a minor: In Florida, a personal representative must be at least 18 years of age.
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Must have capacity: The personal representative must be able to perform the role of the personal representative and therefore cannot be mentally incapacitated or have a physical incapacity that would prevent them from fulfilling the duties of the personal representative.
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Cannot be a felon: A personal who has been convicted of a felony is not permitted to serve as personal representative in Florida.
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Must be a resident of the State of Florida: Florida statutes state that a personal representative must be a resident of the state of Florida. However, this rule is not absolute. There are exceptions including the spouse, children, or parents of the decedent. Other exceptions include those related by blood to the decedent such as a sibling, uncle, aunt, niece or nephew, or the spouse of someone who would be qualified to serve as the personal representative pursuant to Florida law.
The majority of people choose their spouse, children, siblings, nieces or nephews to serve as their personal representative. However, sometimes people choose a close friend or a professional fiduciary to act as their personal representative.
Some things to consider when choosing a personal representative:
Whether or not the person is related to you. Though the personal representative does not have to be related to you, the vast majority of people will choose someone that is either a spouse or related to them by blood.
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Whether or not the person lives in Florida. Though there are exceptions to the Florida residency requirement as set forth above, it can sometimes make the process easier if the person is local as the probate estate must be filed in the state and county in which the decedent resides at the time of passing. This is, of course, simply one consideration of many. The probate attorney will be able to assist the personal representative throughout the entire process even if the personal representative lives outside of the state of Florida.
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Whether or not the person is realistically able to serve as your personal representative. If a person is often traveling, deployed, or is in some way unavailable to assist in probating your estate, then this will delay the probate process.
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Whether or not the person is responsible enough to handle the duties of the personal representative. Your personal representative will be required to gather information regarding assets and liabilities of the estate, communicate with the probate attorney, and review and sign paperwork. It is important that the personal representative is able to work with the probate attorney to administer your estate effectively.
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It is also important to name an alternate personal representative who can serve in the event that the initial personal representative is unable or unwilling to serve as the personal representative for any reason.
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Family Dynamics: Sometimes family dynamics can be a consideration when choosing a personal representative. Clients have at times expressed concern that if one child is chosen to act as the personal representative, then another child might become resentful that they were not chosen or think that favoritism is being shown, especially if the children have a complicated relationship. If you think that this might be a concern, we recommend talking to your children and explaining that the appointment of one person as the personal representative over another typically involves practical or logistical concerns and is not an act of favoritism.
Choosing a personal representative involves the consideration of a variety of factors and can sometimes be challenging, especially if someone is not married, does not have children, has children that might not be able to effectively perform the duties of a personal representative, or if complicated family dynamics are an issue.
The estate planning attorneys here at the Tampa Law Group can assist you in evaluating your particular needs and circumstances so that you can make the right decision for you and your family.
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