Posts tagged "Personal Representative"

Who has Priority to be Appointed as Personal Representative of an Estate in Florida?

When a person dies and a formal probate estate must be opened in Florida, the probate court will appoint a person to be in charge of the estate administration. In Florida, this person is known as a "Personal Representative." In other states, it is known as an "Executor" or "Administrator." In Florida, no one is authorized to act as Personal Representative until a probate court issues an Order appointing the Personal Representative. Simply being designated in the Will is not enough--an Order appointing the Personal Representative is required.

Does Having a Will Avoid Probate in Florida?

One of the most common misconceptions I run into as an estate planning lawyer is that many people think that if they have a Last Will and Testament in Florida, probate will not be necessary. The reality is that a Will sets forth the deceased person's wishes--such as designating the beneficiaries and the Personal Representative to oversee the estate. In essence, the Will acts as the "roadmap" for the probate court to follow. But the important thing to understand is that the Will is not self-implementing--it is the power given by the probate court that implements the wishes set forth in the Will.

What are Letters of Administration and How Do I Get Them?

Quite commonly, after their loved one has died clients come to us as estate attorneys and they tell us that a bank or other financial institution is asking for "Letters of Administration." When that happens, the client will ask us how do they get such Letters. 

Personal Representative in Florida: Name Someone Who Qualifies!

When preparing a Last Will and Testament in Florida, one of the decisions you must make is who to name as Personal Representative (also sometimes called the Executor). The Personal Representative is the person in charge of the probate estate.

How do I get access into a safe deposit box after someone dies?

When a person in Florida has a safe-deposit box at a bank or credit union, only they or persons they've authorized in writing, can access the box. So what happens if the person dies and no one else is authorized? A Florida attorney can show you where the law provides a solution.

In Florida, can a non-resident serve as Personal Representative of a Probate Estate?

As with many things in estate law, the answer is that "it depends." In certain cases, the answer is "yes" (but this also implies that in other cases, the answer is "no").

In Florida, if someone has a bank safe-deposit box, how can the box be accessed after the person dies?

The answer depends on whether the deceased person had another person as an authorized co-lessee (or "owner") of the box and whether that person has a key. If not, resort to the probate court may be needed.

Email us for a response

We Can Resolve Your Legal Issues

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Location

14497 North Dale Mabry Hwy
Suite 160-N
Tampa, FL 33618

Phone: 813-280-0082 (AT)
Fax: 813-968-9426
Tampa Law Office Map