Florida Probate Attorneys for Personal Representatives

Experienced Legal Guidance for Estate Administration

At Martin Law Firm, we provide comprehensive legal representation for personal representatives navigating the Florida probate process. Whether you have been named as the executor (personal representative) in a will or appointed by the court to administer an estate, we ensure that you fulfill your legal obligations efficiently, correctly, and in full compliance with Florida law.

We proudly represent personal representatives statewide in Florida, utilizing virtual court technology to assist clients remotely and in person, ensuring a streamlined and stress-free probate process.

What Is a Personal Representative in Florida Probate?

A personal representative (PR)—also known as an executor—is the individual or entity responsible for administering a deceased person’s estate. In Florida, personal representatives are appointed by the probate court to:

✔ Identify and gather estate assets
✔ Pay outstanding debts, taxes, and expenses
✔ Distribute assets to beneficiaries according to the will or state law

Because the personal representative has significant fiduciary responsibilities, Florida law requires them to act honestly, impartially, and in the best interests of the estate and its beneficiaries.

Who Can Serve as a Personal Representative in Florida?

Under Florida law (Fla. Stat. § 733.302-733.304), the following individuals and entities can serve as a personal representative:

✅ Individuals – Must be at least 18 years old, a Florida resident, and mentally competent.
✅ Non-Resident Individuals – Can serve only if related to the decedent by blood, adoption, or marriage.
✅ Corporate Fiduciaries – Banks and trust companies authorized to do business in Florida.

If the deceased person left a valid will, the probate court usually appoints the executor named in the will. If no valid will exists, the court selects a qualified individual based on Florida’s intestate succession laws.

Types of Probate Administration in Florida

1. Formal Administration

Formal probate administration is required when the estate’s value exceeds $75,000 or when a personal representative is needed to manage complex assets and debts. The process generally takes 6-12 months, depending on court schedules and creditor claims.

2. Summary Administration

Summary administration is an expedited process available if:

✔ The estate is valued at less than $75,000 and has no outstanding debts.
✔ The decedent has been deceased for more than two years, eliminating creditor claims.

This streamlined probate typically takes a few weeks to a few months.

3. Ancillary Administration

If the deceased owned real estate or assets in Florida but lived in another state, an ancillary probate is required to transfer those assets according to Florida law.

Regardless of which probate process applies, our attorneys guide personal representatives through every step to ensure compliance with all legal requirements.

Duties & Responsibilities of a Personal Representative in Florida

Serving as a personal representative comes with significant legal obligations. If you have been appointed, our attorneys will assist you in fulfilling these key responsibilities:

1. Filing the Probate Petition

The probate process begins when the personal representative files a petition with the Florida probate court to open the estate. If there is a will, it must be filed with the court, along with a death certificate and other required documents.

2. Notifying Beneficiaries & Creditors

The personal representative must:
✔ Notify all heirs and beneficiaries of the probate proceedings.
✔ Publish a notice to creditors, allowing them 90 days to file claims.
✔ Review and pay valid creditor claims, rejecting improper ones.

3. Identifying & Securing Estate Assets

The PR must locate and secure all estate assets, which may include:

✔ Real estate (homes, investment properties, land)
✔ Bank accounts & financial assets
✔ Personal property & valuable collections
✔ Business interests & partnerships
✔ Life insurance & retirement accounts

Our attorneys assist with asset inventory, valuation, and liquidation, ensuring proper legal compliance.

4. Paying Debts & Taxes

Before distributing assets, the PR must:

✔ Pay outstanding debts (credit cards, medical bills, mortgages).
✔ File final income tax returns for the decedent.
✔ Handle estate tax issues (if applicable).

If creditors file disputed claims, our legal team represents the estate in negotiations and litigation.

5. Distributing Assets to Beneficiaries

Once debts and expenses are settled, the PR distributes remaining assets to beneficiaries according to the will or Florida’s intestate succession laws.

✔ Wills: The PR must follow the decedent’s instructions regarding asset distribution.
✔ No Will: Florida intestacy laws determine who inherits (typically, the spouse and children).

6. Closing the Estate

The final step involves:
✔ Filing a final accounting with the probate court.
✔ Obtaining court approval to distribute remaining assets.
✔ Filing a petition to discharge the PR and close the estate.

We ensure that all legal and financial requirements are met before formally closing probate.

Challenges Personal Representatives Face in Probate

Serving as a PR is a serious legal responsibility. Without proper legal guidance, you may face disputes, lawsuits, or liability issues. Common challenges include:

❌ Will Contests & Estate Disputes – Heirs may challenge the will based on undue influence, fraud, or incapacity.
❌ Creditor Claims & Lawsuits – Improper handling of debts can lead to legal action.
❌ Failure to Follow Court Procedures – Missing deadlines or failing to provide proper notice can jeopardize the probate process.
❌ Family Disputes Over Inheritance – Disagreements among heirs may require legal mediation or litigation.

Our probate attorneys provide strategic legal solutions to help PRs avoid disputes, resolve conflicts, and comply with Florida law.

Why Choose Martin Law Firm for Probate Administration?

✔ Statewide Representation

We handle probate cases throughout Florida, offering virtual and in-person legal support.

✔ Extensive Experience

Our attorneys have extensive experience representing PRs in complex estates, high-net-worth cases, and contested probate matters.

✔ Personalized Legal Guidance

We provide step-by-step assistance for PRs, ensuring smooth and efficient estate administration.

✔ Probate Litigation Support

If disputes arise, we aggressively defend personal representatives in will contests, fiduciary lawsuits, and estate claims.

Schedule a Consultation with Florida’s Leading Probate Attorneys

If you have been appointed as a personal representative in Florida, Martin Law Firm can help you navigate the probate process with confidence.

📍 Offices in Cape Coral & Fort Myers
📞 (239) 443-1094
📧 pleadings@martinlawfirm.com
🌍 MartinLawFirm.com

Let us help you administer your loved one’s estate legally and efficiently. Contact us today for a confidential consultation.