by Robert J. Myers, Esq.
What Steps are Involved in the Probate Process?
Part II
This Article is Part II in our review of the Florida probate process and follows our last feature on probate.

3. APPOINTING THE PERSONAL REPRESENTATIVE
The court authorizes a Personal Representative to administer the deceased’s estate. A Personal Representative, also called an executor/executrix, assumes the responsibility for closing an estate as soon as possible in an effort to distribute the estate’s assets to those who rightfully inherit them without delay. This person is critical to the probate process.
Personal representatives have a legal obligation to perform their duties honestly and efficiently. The heirs to an estate can hold a Personal Representative personally accountable for harming the estate’s financial standing by neglect or deliberate action.
A will typically names the deceased’s choice for Personal Representative, and Probate Courts will normally honor this choice. When no will exists, or if the Personal Representative named in the will declines to serve or cannot serve, the court has the authority to appoint a Personal Representative Once the Personal Representative is appointed, the Probate Court recognizes the Personal Representative’s authority to act on behalf of the deceased’s estate. The Court issues a document, called “letters of administration,” identifying the Personal Representative as the estate’s official representative. A Personal Representative can show this document to a bank officer, for example, to gain access to a checking account.
Needless to say, the Personal Representative should be a trusted family member or close friend who will act to carry out the wishes of the deceased.
A person who decides that he/she does not want to be a Personal Representative can decline the appointment. A back-up, or successor, Personal Representative is then appointed. Similarly, if the Personal Representative feels that the job involves more effort than one person can handle, the Court may appoint a co-Personal Representative.
4. INFORMING THE AFFECTED PARTIES
The Personal Representative is responsible for formal notification and the publishing of public notices in newspapers to inform potential heirs and creditors about the probate proceeding. After giving notice, waiting periods follow. Creditors, heirs, and others can file their claims against the estate during these periods of time.


Mr. Myers is the owner of Akerson Law Offices which is located at 1135 Pasadena Avenue South, Suite 140, St. Petersburg, Florida. The telephone number is 727-347-5131. Mr. Myers welcomes calls regarding this article 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.
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