THE FLORIDA 411 ON PERSONAL REPRESENTATIVES

What is a Personal Representative anyways?

Under Florida law, a Personal Representative is the person either nominated by Will or that the court appoints to handle a deceased person’s estate. They act like a trusted manager and stand in the shoes of the decedent.

A Personal Representative is the person put in charge of a dead person’s money, house, and other things after they die. Their job is to collect everything, pay bills, and give what is left to the right people (the beneficiaries). They MUST follow the Will (if there is one) and Florida rules. They are a “fiduciary,” which means they must be honest, careful, and put the estate first — not themselves.

Rights, Responsibilities, and Entitlements of the Personal Representative

Responsibilities:

• Collect and protect all the estate’s things (money, house, cars, etc.).
• Find and pay valid bills and taxes.
• Keep good records and tell the court and beneficiaries what is happening—status updates.
• Distribute money and things in an appropriate manner and proportion to the people named in the will or by law.
• Act quickly but carefully, like a good trustee.

Rights and Powers: 

Personal Representatives are authorized to manage and sell things if needed (often with court approval) but above all else, they are required treat everyone fairly.

Entitlements (What They Get): 

They can get paid a reasonable amount from the estate for their work. This is the Personal Representative’s fee.  The fee is a statutory entitlement meaning that the legislator has mandated it as law.  In addition to the fee, the Personal Representative also gets paid back for proper costs they have while doing the job—in other words, all out of pocket expenses are reimbursable to the Personal Representative from the estate’s funds.

Requirement to Retain Counsel (Hire a Lawyer)

Florida rules say a Personal Representative usually must hire a lawyer admitted in Florida to help with the probate court papers and process. The only big exception is if the Personal Representative is the only interested person or is already a lawyer themselves.

The lawyer advises the Personal Representative on what to do and helps file things correctly. The estate pays the lawyer’s reasonable fees.

Can a Beneficiary Enforce Rights Against a Personal Representative?

If you are a beneficiary (someone who should get something), you have rights:

• Ask for updates and a full report (accounting) of the money.
• Object if something seems wrong.
• Go to court to make them do their job, fix mistakes, or even remove the Personal Representative if they are not doing it right.
• Sue the Personal Representative if they hurt the estate by failing to live up on the obligations.  In certain cases, courts can make the Personal Representative pay back losses, however, every case is fact specific!

Personal Representatives Have a Right to Use Estate Funds to Defend and for Reasonable Expenses

The Personal Representative can use estate money to pay for reasonable costs of doing the job. This includes hiring lawyers to defend the estate if someone sues it or challenges actions. They can also defend themselves in some cases related to their duties. They must act in good faith.

What Are Reasonable Personal Representative Expenses Then?

Reasonable expenses are normal costs needed to manage the estate, such as:

• Lawyer fees
• Accountant fees
• Appraiser fees (to value things)
• Storage, repairs, or protection of property
• Court filing fees
• Travel or other costs directly for estate work

They must keep receipts and records. The court or beneficiaries can check and hold the Personal Representative accountable to determine if costs are fair.

Ordinary vs. Extraordinary Expenses

Ordinary Expenses/Services: These are the normal, everyday work of handling the estate. The Personal Representative gets a set commission (percentage) based on the size of the estate for this work. No extra court order is usually needed.

Extraordinary Expenses/Services: These are extra or unusual jobs, like:

• Selling a hard-to-sell house
• Handling a business
• Fighting a big lawsuit
• Special tax work

For these, the Personal Representative can ask for extra reasonable pay from the estate. The court may review and decide what is fair.  Argument can be made regarding scope and necessity of the extraordinary expenses.

CONCLUSION

The Personal Representative must always act honestly and in the best interest of the estate. Collins Probate Law is always available to answer any questions regarding the administration or litigation of an Estate in the event you have been named or nominated as Personal Representative or whether you need your beneficiary interest defended in an instance where a Personal Representative fails to live up to their fiduciary duty.