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In Florida, Being Named Personal Representative in a Will Doesn't Necessarily Guarantee the Job

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According to Florida probate law, the person who is named in a will to be the estate’s personal representative will typically serve in that position if the judge determines that the person is qualified. An estate’s personal representative is charged with numerous responsibilities which all have to do with the appropriate and effective management and administration of the estate. Typically, the person who is named personal representative in the will does turn out to be the person who serves; in other cases, however, the court may determine that the person does not qualify. When choosing an executor, there are a number of things to take into consideration. What is actually happening in the draft of a will is the nomination of an individual by the person who is creating the will to act as their personal representative. According to Florida probate law, a judge must appoint the person who will act as the personal representative after the will has been admitted to probate. Before this happens, that person does not have the authority to act yet on behalf of the estate or to make decisions pertaining to the good of the estate. **End Summary** Topics:

About the Author:
Florida Probate Law Wintter & Associates, P.A. - Christopher Q. Wintter is a recognized expert in Trust and Estate matters by the Florida Bar. With more than 24 years of experience as a practicing attorney, he also serves as an instructor and faculty member for the National Institute of Trial Advocacy (NITA)—the nation’s leading provider of legal advocacy skills training to practicing attorneys.


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