How to Choose the Right Executor for Your Estate

One of the more important, but also frequently overlooked parts of estate planning, is choosing a Personal Representative. Your Personal Representative is the person who will be responsible for managing and distributing your assets. The ideal candidate should be trustworthy, organized, and capable of handling financial and legal responsibilities. A poor choice could lead to a wide range of problems—from delays to disputes. Our Fort Lauderdale estate planning attorney can be a guide in choosing the right Personal Representative for your estate in Florida. 

What is an Executor?

Broadly explained, a Personal Representative is the person responsible for managing and settling an estate after someone passes away. In some areas, the role is legally referred to as the “executor of the estate.” While those terms are used to mean slightly different things in some states, a Personal Representative and an executor are the same thing in Florida. Notably, the Personal Representative is tasked with ensuring that the deceased’s assets are handled properly during the probate/estate administration process. 

Understanding the Role of the Estate Executor in Florida

What exactly is a Personal Representative responsible for doing in Florida? The short answer is that he or she has a number of different duties. Along with other things, a Personal Representative must: 

• Initiate Probate: The Personal Representative must file the deceased person’s will with the probate court in the county where they lived at the time of their death. It is a step that officially starts the probate process. The court must verify the will’s validity. In doing so, they will grant the Personal Representative legal authority to act on behalf of the estate. If there is no will, the court will appoint a personal representative based on Florida’s intestacy laws. 
• Inventory Assets: A Personal Representative must identify all assets owned by the deceased, including real estate, bank accounts, retirement accounts, personal belongings, and business interests. In some cases, the Personal Representative may need to appraise certain assets, such as valuable property, collectibles, or vehicles, to determine their fair market value.
• Notify Creditors/Pay Debts: Florida law requires Personal Representatives to notify known creditors that the estate is in probate and give them an opportunity to file claims for outstanding debts. A notice to creditors usually needs to be published in a local newspaper to alert any unknown creditors who may have a valid claim. The Personal Representative must review all claims and determine whether they are legitimate before using estate funds to pay off (alleged) debts. 
• Handle Taxes Obligations: Once all debts, taxes, and administrative expenses have been paid, the Personal Representative can distribute the remaining assets to the beneficiaries named in the will. If the deceased did not leave a will, Florida’s intestacy laws determine how the estate is divided among heirs, such as a spouse, children, or other relatives. Before distribution, the Personal Representative must obtain court approval.
• Distribute Assets: A Personal Representative is responsible for filing the deceased’s final personal income tax return, which covers earnings for the year in which they passed away. If the estate generates income (such as rental income from property), the Personal Representative may need to file an estate tax return as well. While Florida does not impose a state-level estate tax, federal estate taxes may apply if the estate is valued above a certain threshold.

Know the Restrictions On Who Can Serve as the Executor to Your Estate in Florida

Most adults can serve as the Personal Representative of an estate in Florida. You can pick who you want. With that being said, there are some restrictions under Florida law. Florida Statutes § 733.303 holds that the following parties cannot serve as the Personal Representative for an estate: 

1. A minor (under 18) cannot serve as a Personal Representative for an estate. 
2. A legally incompetent adult cannot serve as a Personal Representative for an estate. 
3. A non-resident cannot serve as a Personal Representative for an estate in Florida—unless the non-Florida resident is a close relative of the deceased. 

Considerations for Choosing the Right Executor for Your Estate

Although most adults in Florida—and most close relatives from outside of Florida—can serve as a Personal Representative for your estate, that does not mean that every eligible person is the right choice. Here are some of the most notable things to look for in a Personal Representative: 

• Trustworthiness: Your Personal Representative will have control over your estate’s assets, including bank accounts, real estate, and personal property. It is crucial to select someone who is honest, responsible, and capable of making the right decisions. 
• Financial Competence: The Personal Representative must manage estate finances, pay off debts, file necessary tax returns, and navigate the probate process. While they do not need to be a legal or financial expert, they should have financial literacy and strong organizational skills. 
• Willingness to Serve: A Personal Representative should be someone who has the time and ability to take on the responsibilities of managing your estate. If your chosen Personal Representative has significant personal or professional commitments, they may not be the best fit. 

What Happens if You Fail to Select an Estate Executor in Florida?

If you do not designate a Personal Representative in your will, or if your chosen Personal Representative is unable or unwilling to serve, the Florida probate court will appoint one on your behalf. The challenge is that this can result in delays, unexpected costs, and potential disputes. 

We Help People Develop and Implement the Most Effective Estate Plan

Estate planning can be complicated. If you have a lot of questions about your rights, your options, and what plan makes the most sense for your situation, you are certainly not alone. At The Law Offices of Odelia Goldberg, we help people put solutions-focused, comprehensive estate plans in place. Whether you are trying to determine who should serve as the Personal Representative or you have any other estate planning questions, our South Florida team is here as a resource that you can trust.  

Consult With Our Fort Lauderdale Estate Planning Lawyer Today

At The Law Offices of Odelia Goldberg, our Fort Lauderdale estate planning attorney provides solutions-focused advocacy. If you have any specific questions or concerns about selecting the right Personal Representative for your estate, please do not hesitate to contact us today for a private, no obligation case review. From our Fort Lauderdale office, we provide estate planning services across South Florida.