WHAT IS THE ROLE OF A PERSONAL REPRESENTATIVE IN PROBATE?
                                     
By:  Robert J. Myers, Esq.

In this article, the role of the personal representative in probate will be examined.  A personal
representative is a person or entity that is appointed by the Probate Court to be the overseer of the
administration of a deceased person's estate. A personal representative is required by the Probate
Court to make sure that the deceased's estate is administered in accordance with Florida law.

Generally, a personal representative is obligated to identify, accumulate and protect those assets
which are part of the probate estate. This process is also known as the marshalling of probate
assets. Because the personal representative has a duty to the beneficiaries of the probate estate to
protect assets in the estate, this responsibility is court-supervised by the filing of an inventory with
the Probate Court.

A personal representative is required to publish a "Notice of Administration" in a newspaper of
local circulation. This notice specified who the personal representative and attorney of the estate
are as well as initiates the creditor claims period of ninety (90) days. The Notice of Administration
also states the requirements of filing claims and other papers relating to the estate. A personal
representative may object to the claims of creditors as well as defend lawsuits which arise against
a deceased person's estate.

Normally, a lawyer will be retained to guide a personal representative through the probate
process. It is the obligation of a personal representative to hire an attorney if the personal
representative needs assistance in the probate of an estate. A personal representative is further
obligated to pay valid creditor claims of the probate estate, pay taxes of the estate, file estate tax
returns and distribute assets to beneficiaries of a probate estate.

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Robert J. Myers is managing attorney of the Estate and Trust Division of  Maney l Gordon P.A.,
located at 1135 Pasadena Avenue South, Suite 140, St Petersburg, Florida. The telephone number
is 727-347-5131. Mr. Myers welcomes calls regarding these articles and other related legal topics. 
This column outlines general legal principles and is not intended to give you legal advice. 
If you have a specific question about the law, please consult an attorney.