Basic Requirements for Serving as a Florida Executor. Your executor must be: at least 18 years old, and. mentally and physically capable of serving -- that is, not judged incapacitated by a court.
The executor, or personal representative, of a will is responsible to administer the will on behalf of the decedent pursuant to the terms outlined in the will. Typically, a testator, or person drafting a will, designates an executor in the will. Under Florida law, the executor owes a fiduciary duty to the estate.
There are two types of probate administration under Florida law: formal by the decedent and witnesses, that meets the requirements of Florida law. The decedent also can designate a personal representative (Florida's term for an executor)
The Probate Code states that a non-resident is not qualified to serve as personal representative of an estate unless that person is: The legally adopted child or adoptive parent of the decedent; A person who is related to the decedent in a direct blood line (parent, child, grandparent, grandchild, etc.)
In the Florida probate process, each estate must be represented by someone. In many states, this “someone” is called an executor or administrator. Florida
This probate article from L. Bruce Swiren, P.A., Attorneys at Law, in Orlando, serves as a checklist for executors. Contact us for probate representation.
The executor is a person who administers the estate of someone who has died. Typically, the person named in the will by the deceased becomes the executor.
No person shall be liable to a creditor of a decedent as executor de son tort, but . (11) Removal of domicile from Florida, if domicile was a requirement of initial
(6) If the personal representative is a member of The Florida Bar and has rendered legal services in connection with the administration of the estate, then in
A non-resident of Florida can serve as Personal Representative for a Florida probate estate only if related by lineal blood or legal adoption to