I had wonderful parents, but they did not conduct any estate planning. My dad passed away in January 2022. At the time, my mother was able to make all legal and financial decisions because she was his spouse, and everything automatically transferred to her name. This made things relatively straightforward, even though there was no will.
After Dad passed, I set up my mother’s accounts, arranged automatic utility payments, and managed her administrative responsibilities. During this time, I encouraged her to consider estate planning, but she wasn’t interested. She often changed the subject. Although that was frustrating, I’ve come to understand that it’s a difficult and emotional topic. Looking back, I have empathy for what she was going through and why she may have avoided making those decisions.
As a result, no will was ever produced. Fast forward two years—my mother passed away, and my siblings and I decided that I would serve as the personal representative of her estate. I had already been managing her accounts, overseeing administrative needs, and had become her legal guardian when her cancer metastasized in her brain. Given that familiarity, I agreed to take on the responsibility.
To help navigate the probate process, I hired G. Paul Lemieux, Esq. from Lemieux & Jacoby Elder Law Advocates—the same elder law attorney who assisted me with the guardianship process.
Understanding the Role of a Personal Representative
The role of a personal representative—also known in some states as an executor or administrator—is central to the probate process. In Florida, this individual, bank, or trust company is appointed by the court to manage and distribute a decedent’s estate according to Florida law.
This includes:
- Safeguarding the estate’s assets
- Paying off debts and taxes
- Distributing remaining assets to heirs or beneficiaries
If a will exists, the personal representative ensures the deceased’s wishes are followed. If there is no will, the representative must follow Florida’s intestate succession laws.
Related Resources on Caregiving and Organization
In previous posts, I shared guides that may be helpful if you’re just beginning this journey:
- Managing Caregiver Duties: A Practical Guide to Essential Supplies and Resources
- Staying Organized as a Caregiver or Guardian: Practical Steps for Managing Responsibilities
Who Can Serve as a Personal Representative in Florida?
According to floridabar.org, to qualify as a personal representative in Florida, you must either be:
- A Florida resident, or
- A spouse, sibling, parent, child, or close relative of the decedent (regardless of residence)
You are not eligible if you:
- Are under 18
- Have a physical or mental incapacity
- Have been convicted of a felony
The Appointment Process
To be appointed, I had to submit a Petition for Administration, signed by me, stating my intent to serve. My siblings each signed a Waiver of Priority and Consent to Appointment of Personal Representative, confirming they did not contest my appointment.
Once the petition was granted, I received several documents that helped guide me and provided legal authority when dealing with banks and other agencies. These included:
- Letter of Responsibility – Provided by the law firm, outlining the tasks and obligations involved
- Notice of Administration – A formal notice to interested parties that probate has begun
- Notice to Creditors – Gives potential creditors a chance to submit claims against the estate
- Inventory Intake Form – A checklist to document the estate’s assets and liabilities for court filing
The Importance of an EIN (Employer Identification Number)
One of the most important steps I learned was the need to obtain an EIN from the IRS. This number is required for:
- Identifying the estate for tax purposes
- Accessing frozen estate accounts
- Opening estate bank accounts
- Filing estate-related tax returns
Not having an EIN initially delayed critical tasks. I shared a detailed guide on how to obtain one in a previous post, which may be helpful if you’re in a similar situation.
Compensation and Reimbursement
When I became the estate representative, I didn’t realize that personal representatives are entitled to compensation. I may have overlooked this detail due to grief—or simply didn’t know.
Each state handles compensation differently. In Florida, personal representatives are entitled to a commission based on the estate’s value and may also be reimbursed for reasonable expenses.
Here’s what the Florida Probate Code (Section 733.617) says:
Standard Compensation
- 3% of the first $1 million
- 2.5% of the portion above $1 million up to $5 million
- 2% of the portion above $5 million up to $10 million
- 1.5% of any amount over $10 million
Additional Compensation May Apply For:
- Selling property
- Handling litigation
- Managing taxes
- Running a business
- Dealing with homestead property
I carefully tracked my expenses—legal fees, mailing costs, medical and funeral bills—and reimbursed myself from the estate’s account. However, I did not pay myself for my time until the probate process was complete, because I wasn’t initially aware that I could.
Final Thoughts
Serving as a personal representative is a significant responsibility that comes during an emotionally difficult time. This post covers the initial steps, qualifications, and documentation involved. I’ll continue sharing more about the probate process in future blog entries to help others feel more prepared and less overwhelmed.
If you’re navigating a similar journey, I hope this post offers clarity and reassurance. You’re not alone—and you don’t have to figure it all out the hard way.
