Basic Guidelines for Choosing a Personal Representative in Florida
Your personal representative will play a crucial role in the administration of your estate after your death. They will protect and manage your property until all taxes and debts are satisfied, all assets distributed and an order of discharge is entered.
Florida has specific requirements that you must follow when selecting a personal representative. A failure to abide by those requirements could result in the court overriding your nomination and appointing someone else who is qualified to fill the role for you.
The requirements are as follows:
- The personal representative must be at least 18 years old.
- They must be mentally and physically capable of serving in the role.
- They must not have a felony conviction.
- They must be related to you by blood, marriage or adoption, or must be a Florida resident.
- Non-residents who are blood related to your spouse, brother, sister, uncle, aunt, nephew, or niece can qualify to be your personal representative.
- Certain types of corporations are not allowed to serve as personal representative. Banks, trust companies and other similar companies can be named personal representatives, but must be authorized in Florida as a fiduciary.
Before naming any individual or entity to serve as your personal representative, it is important to spend some time considering their fitness for the task and whether you can trust them to act in accordance with your wishes.
For more information about selecting a personal representative in Florida and the role they will be expected to play, contact an experienced Tampa, Florida estate planning attorney at BaumannKangas Estate Law.