If you have been named in a will or appointed by a Florida court to settle a loved one’s estate, you carry a serious legal title: personal representative. In many states this role is called an executor, but under the Florida Probate Code (Chapters 731 through 735, Florida Statutes) the official term is personal representative. Our South Florida firm exists to help the people who hold that title carry it out correctly, efficiently, and without personal liability.
Who We Serve
We work with personal representatives and executors across Miami-Dade, Broward, and Palm Beach counties. Whether you are a surviving spouse, an adult child, or a professional fiduciary named in the will, the duties are the same. You must collect estate assets, give notice to creditors, pay valid claims and taxes, and distribute what remains to the rightful beneficiaries. We translate those obligations into a clear, step-by-step plan.
Florida Probate, From the Personal Representative’s Seat
Florida law treats the personal representative as a fiduciary, meaning you are legally bound to act in the best interests of the estate and its beneficiaries. Section 733.602 makes you a fiduciary of the estate; you can be held personally responsible for mistakes such as paying the wrong creditor or distributing assets too early. Because Florida generally requires a personal representative to be represented by an attorney in formal administration (with narrow exceptions), having experienced counsel is not a luxury, it is the practical norm.
The Two Main Probate Paths
Most South Florida estates move through one of two doors. Formal administration is the standard court-supervised process for larger estates and those needing a personal representative with full authority. Summary administration is a faster, simpler option available when the estate’s non-exempt assets are valued at $75,000 or less, or when the decedent has been dead for more than two years. We help you choose the correct path the first time, because filing the wrong one wastes months.
Issues That Land on a Personal Representative’s Desk
Florida estates raise unique questions. The constitutional homestead protection can shield the family home from creditors but complicates how title passes. The surviving spouse may assert an elective share equal to 30% of the elective estate under Section 732.2065. Creditors must be notified and have a limited window to file claims. Some assets may pass outside probate entirely through a Lady Bird (enhanced life estate) deed or a revocable trust governed by Chapter 736. We help you sort probate assets from non-probate assets before you make a costly move.
How We Help You Serve
We prepare and file the petition for administration, obtain your Letters of Administration, manage the creditor notice process, prepare inventories and accountings, and guide final distribution and discharge. Throughout, we keep you informed so you can act with confidence rather than guesswork. Our goal is to close the estate properly and protect you, the personal representative, from later disputes.
Talk to a Florida Probate Attorney
Every estate is different, and the right strategy depends on your specific facts. This page is general information, not legal advice. Before acting as a personal representative or executor, consult a licensed Florida attorney about your particular situation. Contact our South Florida office to discuss your duties and the best path forward.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.