Personal Representative duties — your full step-by-step

The personal representative (PR) is the person responsible for shepherding an estate through Florida probate. Other states call this role 'executor' or 'administrator' — Florida just calls it personal representative regardless of how you got the job. PR duties are real legal responsibilities; getting them wrong has real consequences.

The good news: most PR duties are procedural, not heroic. A competent attorney handles the legal filings; you handle the practical pieces. Together, the work is manageable. Below: exactly what falls on your side, in order, with the parts that surprise people.

What a PR actually is — legally

When the court issues Letters of Administration, you become a fiduciary of the estate. That word matters. As a fiduciary, you owe the estate (and the beneficiaries) duties of:

• Loyalty — act in the estate's interest, not your own.
• Prudence — manage estate assets the way a reasonably careful person would manage their own.
• Impartiality — treat all beneficiaries fairly; don't favor one over another.
• Disclosure — keep beneficiaries informed about material developments.
• Accounting — track every dollar in and out, ready to show the court and beneficiaries.

Breaching these duties can make you personally liable. But — practically — most PRs serve faithfully and the work is uneventful. The duties exist to give beneficiaries recourse when things go wrong, not to trap careful people.

The 10 core duties — in order

• 1. Locate and file the will. Florida law requires deposit of the original will with the clerk within 10 days of death (FS 732.901), even if probate isn't started yet.
• 2. Petition for administration. Through your attorney — the court appoints you and issues Letters of Administration.
• 3. Notify beneficiaries. Send Notice of Administration to each beneficiary and interested party within 30 days.
• 4. Publish notice to creditors. Required for formal admin — runs a 90-day creditor period.
• 5. Inventory the estate. Catalog every asset and its date-of-death value. File with the court within 60 days.
• 6. Manage and protect assets. Pay bills, secure property, maintain insurance, manage investments prudently.
• 7. Pay valid claims and debts. Including last-illness expenses, taxes, secured debts, and timely-filed creditor claims.
• 8. File tax returns. Final personal return, estate income tax returns, and federal estate tax return if applicable.
• 9. Distribute the residue. Once debts and expenses are paid, distribute remaining assets per the will (or intestacy).
• 10. Final accounting and discharge. Prepare a final accounting, get beneficiary sign-offs, file petition for discharge, and obtain order discharging you.

Week-by-week schedule

Formal administration runs roughly 6–12 months for clean cases. Here's a realistic calendar:

• Week 1–2: Locate will. Order 8–12 death certificates. Identify rough asset list. Initial consult.
• Week 3–4: Petition filed. Letters issued. Notice to creditors published. Notice of administration sent to beneficiaries.
• Week 5–8: Inventory underway. Estate bank account opened. Tax ID (EIN) obtained. Asset valuations gathered.
• Month 3: Inventory filed with court. Routine bills paid from estate funds.
• Month 4: Creditor period closes. Valid claims paid; invalid claims objected to.
• Month 5–6: Tax returns prepared. Final accounting drafted. Beneficiaries review.
• Month 6–8: Petition for discharge filed. Court approves distribution. Final assets distributed.
• Month 8–12: Discharge order issued. Estate closed. PR's role ends.

Things that go wrong

We see the same handful of problems repeatedly. None are catastrophic if caught early — but they slow things down and can occasionally create personal liability.

• Distributing too early. Don't pay beneficiaries before debts and creditor claims are resolved. PRs who do can be personally liable for unpaid claims.
• Mixing personal funds with estate funds. Always use a dedicated estate bank account. Never deposit estate money into your personal account, even briefly.
• Selling assets without proper authority. Some sales (especially real estate) may require court approval depending on the will or circumstances. Confirm before signing.
• Missing tax filings. Final personal return is due April 15 of year following death. Estate income tax returns are due if estate has income. Federal estate tax return only for estates over the federal exemption.
• Poor documentation. Track every receipt and disbursement contemporaneously. Reconstructing 8 months later is painful and looks suspicious.
• Communication black holes. Beneficiaries who don't hear from you for months get anxious, then angry, then call lawyers. A monthly status email prevents most disputes.
• Distributing the wrong thing. Specific bequests (Mom's ring to Sarah) come before residual distribution. Make sure each beneficiary gets exactly what's specified.

Common questions PRs ask us mid-case

• 'Can I throw out the trash from the house?' Generally yes for obvious trash. Photo-document anything questionable. Don't dispose of paperwork until you've inventoried it.
• 'A beneficiary wants money now — can I advance some?' Sometimes (interim distributions are permitted in certain circumstances), but only under attorney guidance and only if it won't harm other beneficiaries or creditors.
• 'A creditor is calling me directly. What do I say?' Tell them to file a Statement of Claim with the court within the creditor period. Don't pay them directly without verifying the claim.
• 'Do I have to keep the house insurance current?' Yes. Letting insurance lapse on estate property is a fiduciary breach if the property is damaged.
• 'Can I take my PR commission now?' Wait until close. PR commissions (typically 3% under FS 733.617) are paid at final accounting, not piecemeal.

When to ask for help

Some signs the PR role is getting harder than you signed up for:

• Beneficiaries are fighting and asking pointed questions about your decisions.
• Assets are more complex than expected (business interests, out-of-state property, contested ownership).
• Creditor claims are being filed that you don't recognize.
• Tax issues you don't understand are surfacing.
• You feel overwhelmed by paperwork and falling behind on deadlines.

Florida law allows a PR to resign if the role becomes too much. The court appoints a successor (often a professional fiduciary). It's not a failure — it's responsible recognition that the case needs more than you can give. We've helped families through this transition cleanly.

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