I’m the Personal Representative. Now What? Your Florida Probate Guide

If someone you love has passed away and named you in their will as the personal representative (also called an executor), you might be wondering...

“What does that actually mean?”

“Do I have to go to court?”

“How do I even start the probate process?”

Take a deep breath, we’re here to help. Let’s walk through what being a personal representative means in a Florida probate, and what you need to do (step by step).

First Things First: What Is a Personal Representative?

In Florida, the personal representative is the person chosen to:

• Manage the estate of someone who has passed

• Work with the probate court

• Pay debts and taxes

• Distribute assets to the right people

  
  

If there’s a will, the deceased likely named someone to serve in that role. If there isn’t, the Court will appoint someone (usually a family member or a friend). It’s an important job and it comes with legal responsibilities.

Step-by-Step Guide: What You’ll Need to Do

1. Find the Original Will (if there is one)

The probate Court needs the original signed will, not a copy. The Will directs who inherits and who’s in charge.

2. Hire a Florida Probate Attorney

In all formal probate cases, Florida law requires the Personal Representative to work with an attorney. They’ll help file documents, meet deadlines, and avoid legal pitfalls.

Pro tip: Hiring the right attorney makes this 10x easier.

3. File to Open Probate in the Right County

Your attorney will help you file a Petition for Administration with the probate court in the county where the person lived. This Petition is required in order to open the probate with the Court. Once approved, you’ll receive Letters of Administration, your official legal authority to act and manage the decedent's affairs.

4. Notify Beneficiaries and Creditors

You must:

• Send formal notice to heirs, beneficiaries, and creditors

• Publish a “Notice to Creditors” in the newspaper

• Give creditors 90 days to file claims (in most cases)

5. Gather, Value, and Protect Assets

This includes:

• Homes and real estate

• Bank and investment accounts

• Personal belongings

• Cars or boats

• Business interests

• Crypto Currencies

• and much more!

You’ll also need to open an estate bank account to manage these assets.

6. Pay Debts, Expenses, and Taxes

This might include:

• Court and attorney's fees

• Personal Representative's fees (yes, they get paid for their work too!)

• Funeral expenses

• Medical bills

• Credit cards

• Judgments

• Final tax returns

Some debts are valid, some aren't and may not need to be paid! The estate can’t be distributed until valid debts are paid.

7. Distribute What’s Left

Once debts and expenses are handled, you can distribute assets to the heirs according to:

• The Will (if there is one)

• Florida intestacy laws (if there isn’t)

8. Close the Estate

You’ll file and serve a final accounting on all the interested heirs and creditors and request to close the estate with the court. Once that is approved, then you're officially done!

Mistakes to Avoid

• Waiting too long to start probate

• Mixing estate money with your own

• Paying creditors before consulting an attorney

• Paying creditors with your own personal funds

• Distributing assets too soon

Even well-meaning mistakes can cause delays, lawsuits, or personal liability.

Final Thought: You Don’t Have to Figure This Out Alone

Being a personal representative is an honor but it is also a lot of work and can also feel overwhelming. You’re juggling grief, paperwork, family dynamics, and court deadlines.

That’s where we come in. We help Florida families navigate probate with clarity, compassion, and no judgment.

Let’s handle the legal stuff so you can focus on what matters.