Who is Involved in the  Formal Administration Probate Process?

Formal Administration comes into play with estates that have more than $75,000 in assets. The personal representative (PR), also known as the executor, is the person appointed by the court to manage and oversee the probate process of a decedent’s estate. This person must be a Florida resident or a relative of the decedent, who is at least 18 years old and legally competent. In addition, the PR must have never been committed a felony. They may be named in the will; or can be appointed by the court if no one is named in the will or if there is no will. In many cases, probate attorneys are engaged to help PR’s understand and administer their duties as well as preparing the appropriate legal pleadings that need to be filed with the Probate Court.

The PR’s job includes locating and managing assets, notifying creditors and other parties involved in the probate process, filing necessary documents with relevant courts, paying taxes and creditors of the deceased’s estate, distributing assets to heirs according to instructions outlined in the will (if applicable), providing an accounting of all actions taken within a certain period of time as required by law, and representing any claims made against or on behalf of the estate.

In addition to a PR, there are additional individuals who may have an interest in or involvement with a decedent’s probate proceedings. These include creditors of the deceased; any beneficiaries listed in their will; heirs related through blood relations or marriage; spouses or former spouses; witnesses to any wills or codicils; attorneys for any interested parties; representatives from financial institutions holding funds belonging to the deceased; government agencies such as the IRS that may have claims on funds belonging to the deceased etc. All parties should be notified when starting probate proceedings so they can make their claims known during this time-sensitive legal process involving distribution of assets following death.

If you are seeking either an estate planning attorney or probate attorney in The Villages area, then we invite you to contact Pittman Law Office. Amy Pittman, Esq. and Audra Platt, Esq. are qualified Florida estate planning lawyers who can guide you through the process of setting up your estate. If you’ve been named a PR, Amy Pittman is a respected probate attorney who can help you navigate, manage, and administer your duties. Give us a call to schedule an appointment with one of our estate planning attorneys or probate attorneys today.