Executor vs. Personal Representative in Florida: What’s the Difference?

Whether you are planning your estate by assigning roles to loved ones or have been asked to play a part in your loved one’s estate, it is important to understand what each term means. Creating an estate plan or accepting a role from a loved one is not a choice to take lightly. If you are in this position, you may have encountered words like executor and personal representative. Deciding which role is appropriate requires considering the executor vs the personal representative role in Florida.

Executor vs Personal Representative in Florida

In most instances, executor and personal representative are words that can be used interchangeably. The roles they perform during probate are the same. The main difference between these words lies in the state where they are used. When Florida has jurisdiction over the estate, the term personal representative is used.

Personal representatives can be specified in a will in Florida, but they can also be appointed by the probate court if there is no will or if the will fails to name a personal representative.

The Role of a Personal Representative

Personal representatives have a crucial role in ensuring a will is executed according to both the decedent’s wishes and Florida law. It may be a complex responsibility, especially if the will is challenging to execute, there are many debts against the estate, or the estate is of high value.

Understanding a personal representative’s role is important for Florida residents and those with family who have retired to the retirement-friendly state. Potential responsibilities of a personal representative include:

• Compiling an inventory of the decedent’s assets
• Establishing the value of assets and obtaining professional appraisals if required
• Notifying potential creditors that the estate is open
• Paying valid debts
• Managing financial aspects, such as investments and bank accounts, of the estate
• Handling court filings and other documentation
• Communicating with and providing updates to the estate’s beneficiaries and heirs
• Filing tax returns
• Distributing assets according to the will and/or Florida laws
• Maintaining complete records of all decisions and transactions made
• Addressing any challenges or disputes that arise during probate

Ultimately, a personal representative has great responsibility during probate. When choosing the person you wish to fill the role or when deciding to accept the position if asked by a loved one, careful consideration is required.

Others Involved in the Probate Process

Depending on the type of probate the estate is settled with, numerous people may be involved. They include:

• Clerk of the circuit court
• Circuit court judge
• Probate attorney
• Property and asset appraisers
• Creditors of the estate
• Internal Revenue Service (IRS)
• Challengers to the will
• Beneficiaries and heirs

Identifying each person’s role in probate can help the process go smoothly, especially when probate courts are busy and months go by before a hearing can be scheduled.

FAQs

Q: What Is a Personal Representative in Florida?

A: A personal representative in Florida is the person designated by a will or appointed by the probate court to oversee the administration of a person’s estate following their death. This typically involves inventorying and valuing assets, paying tax bills, settling creditor accounts, and transferring property to beneficiaries of the estate. Though a personal representative is sometimes required to work with an attorney, they can be a valuable resource for anyone administering an estate.

Q: Do I Have to Work With a Probate Attorney?

A: You will have to work with a probate attorney if the estate you are managing is going through formal administration. You are not required to work with an attorney for other types of probate administration, such as summary administration. Choosing the right attorney is crucial to successfully finalizing your loved one’s estate through probate. An experienced and knowledgeable attorney is likely to make the process easier, allowing you to focus your energy on other tasks.

Q: Who Is Responsible for Paying for Probate?

A: The personal representative is responsible for paying for probate and ensuring all debts of the estate are paid. They do not, however, pay from their own finances. Instead, the personal representative uses funds from the decedent’s estate to cover these fees. If funds are not available, the personal representative may sell or liquidate portions of the estate to cover these debts. A probate attorney can help you manage this process and ensure you are following the appropriate procedure.

Q: Who Is Appointed as a Personal Representative if There Is No Will?

A: If a decedent does not have a will or other estate plan in place, the court will appoint a personal representative and identify the legal heirs according to Florida law. Roughly 68% of Americans did not have a will in 2024, meaning the court is required to step in after their deaths. Since the property will transfer according to Florida state law, the estate may not be distributed in a way the decedent would have preferred.

Q: What Does a Personal Representative Do if a Will Is Contested?

A: A personal representative is responsible for defending a will and estate against legal challenges. If a will is contested, the personal representative, along with the probate attorney hired to support them, is responsible for gathering evidence and defending the will’s validity. Ultimately, the personal representative’s duty is to execute probate by following the decedent’s wishes and the law. Though only 3% of wills are contested, it is important to understand a personal representative’s role.

Personal Representative Support

In instances when an estate must pass through formal administration, a personal representative is required to work with a probate attorney. In other types of probate, such as summary administration and disposition without administration, a personal representative is not mandated to work with an attorney, but it is often still recommended. Probate can be complex, and having the support of a trusted probate attorney can be invaluable.

With more than 20 years of experience, the Law Office of Douglas A. Oberdorfer, P.A., understands the legal and emotional complexities that come with probate administration. Whether you are required to work with an attorney or are voluntarily seeking support, our compassionate team can help you ensure your loved one’s wishes are followed. Contact our team today to schedule a consultation about your estate plan or handling your loved one’s estate.