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Who Can Serve as Estate Executor in Probate?

An estate executor in probate attorney in Florida can assist you with putting together the necessary information to go through probate administration. A Florida estate executor probate lawyer will be able to guide you through each phase of the process and help you understand whether or not the person you intend to appoint is appropriate. There are specific rules about who can be a personal representative in Florida.

One of the most important reasons to put together a will is to name your executor. This position is often referred to as a personal representative in Florida. Following your death, the primary purpose of the executor is to protect your property until any taxes and debts have been paid and then transfer the remaining property to those who are entitled to it i.e. your beneficiaries. Every state has specific rules about who can and cannot serve as a personal representative or executor, and Florida is no different. There are some basic requirements for serving as a Florida executor and these include the executor must be a minimum of 18 years old and must be physically and mentally capable of serving. This means that such a person cannot be judged incapacitated by a court. Any person who has a felony conviction is prohibited from being an executor in Florida. A Florida estate executor probate attorney will be a good person to turn to for guidance over the process of figuring out who to appoint in this role. Florida law also imposes restrictions on the kinds of corporations that can serve as an estate executor.

While you can name a trust company, savings and loans association or a bank as your personal representative, this entity must be authorized to appropriately act as a fiduciary in Florida. This means that you need to carefully consider whether or not it's the right choice to appoint a corporation to represent your estate. In most cases, it will be better to name an individual and if there is no one that you trust large enough to serve or if your estate is extremely complex and large, you may wish to work with a corporation. It is smart to name an executor who lives near you because such an individual may have to handle day to day matters for months or even longer.

If you appoint an executor in Florida who lives very far away, you should know that there are specific requirements that Florida imposes on someone who lives outside of state. A non-resident executor can only be certain types of people. For example, it has to be someone related to you by adoption, marriage or blood. The following individuals could serve as your out-of-state executor; an adopted parent, an adopted child, the spouse of any of these individuals, a sibling, niece, aunt, nephew, uncle, or any individual directly related lineally to such a person, your parent, grandchild or direct parent related to you linearly.

An executor's responsibilities and duties also make it important to select the right person for the job. Not everyone will be comfortable serving in such a role or understand the many duties associated with this. A person who steps in as an estate executor or personal representative has a fiduciary duty to the beneficiaries and it is important to think about how the person you choose will have long lasting impacts on these individuals as well. You need to carefully consider what's in the best interests of everybody when putting together an estate executor. The right lawyer in Florida can help you with determining who should serve as your estate executor and giving you counsel about what to expect.