Articles
Do the Personal Representative and Attorney for the Personal Representative Receive Compensation?
Yes, the personal representative and the attorney for the personal representative are entitled to reasonable compensation by law. Florida law provides a schedule of what are “reasonable fees.” Typically this amount is based upon the value of the probate estate. As a general rule, 3% of the estate value is considered reasonable compensation. However, the […]
Read Article >>Should the Personal Representative Hire an Attorney?
A qualified attorney should always be hired by the personal representative in order to assist with the administration of the decedent’s probate estate. There are always issues that arise and most of these legal problems will be unfamiliar to non-attorneys. The personal representative will receive advice from the attorney regarding his or her duties and […]
Read Article >>Does the Judge Appoint a Personal Representative?
If the decedent had a valid will, the judge will appoint the person or institution named by the decedent in his or her will to serve as a personal representative, as long as the named person or company is legally qualified to serve. When the decedent does not have a valid will, the surviving spouse […]
Read Article >>Can anyone be a Personal Representative?
In order to qualify as a personal representative, an individual must be a resident of Florida, or a sibling, spouse, parent, child, or other close relative of the decedent. If the individual is not a Florida resident, and is not closely related to the decedent, he or she cannot serve as a personal representative. Any […]
Read Article >>What is the Role of a Personal Representative?
A personal representative is appointed by the judge to be in charge of the administration of the decedent’s probate estate. “Personal Representative” is also known as the “executor,” “executrix,” “administrator,” and “administratrix.” The personal representative has the legal duty to administer the probate estate in accordance with Florida law. A personal representative must do the […]
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