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What do I need to know about executors in Florida?

estate_planning_executor_will_end_of_days_planning_frese_hansen.jpgPerhaps one of the most important things you will ever do in your entire life is choosing an executor for your will. As you may already know, the executor is the person in charge of making sure that your assets get distributed according to your wishes after you are deceased. They can also contest improper claims against your estate and make sure that all debts are squared away with creditors as well.

If this sounds like a lot of work then you're right. On top of the duties we mentioned above, an executor -- called a personal representative here in Florida -- is responsible for a number of other responsibilities, meaning you'll want to choose someone you can trust to fulfill your end-of-life wishes to your exact specifications in the end.

So what do you need to know about executors in Florida? Well, for starters, according to Chapter 733, Section 733.302 of the Florida Probate Code, just about any person who is of legal age and has full capacity to understand their fiduciary duties can be appointed as a personal representative in your will. There are some restrictions though and they are:

  • They must be a resident of Florida at the time of your death
  • They must be 18 years of age or older
  • They must be mentally and physically able to perform their duties
  • Any person convicted of a felony is disqualified from acting as a personal representative

It's worth pointing out that our state does allow you to appoint more than one executor for your will. When choosing a co-personal representative, you should consider not only the restrictions stated above but whether they will be able to work effectively with the other representative as well.

If you're concerned about your personal representative and co-representative being tripped up by the law later on, you should know that they can seek guidance from a skilled attorney to help them fulfill their fiduciary duties. With a lawyer's help, a representative can make sure that they are not only abiding by the law but your end-of-life wishes as well.

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