Florida Probate: What to Do When You’re the Personal Representative

Losing someone you love is hard. On top of the grief, you may find yourself responsible for handling their estate — a role known in Florida as the personal representative (sometimes called the executor). We have extensive experience with probate proceedings in Southwest Florida, including Sarasota County and Charlotte County probate matters.

This role can feel overwhelming, but you don’t have to figure it out alone. Here’s a clear, step-by-step guide to help you understand what to do and how an attorney can make the process easier.

We can help provide peace of mind in difficult times.

Step 1: Gather the Key Documents

The first thing to do after a loved one passes is to collect the paperwork you’ll need to manage their estate. Having these documents ready will make the probate process smoother:

• Death Certificates – Order at least six certified copies through the funeral home. We recommend three “long-form” (with cause of death) and three “short-form” (without).

• Last Will and Testament – Locate the original will and any updates or trusts, including any instructions for dividing property or personal items. This needs to be filed with the Court within 10 days, whether you open a probate or not.

• Property Deeds and Titles – Collect deeds for real estate and titles for vehicles or boats.

• Financial Records – Recent bank, investment, and brokerage account statements.

• Tax Returns – The last three years of income tax returns.

• Life Insurance Policies – Copies of any life insurance paperwork.

• Funeral Receipts – Keep receipts for funeral or memorial expenses — they’ll be important later.

• Receipts for Property Upkeep – Keep receipts for any expenses you have paid on behalf of the deceased person, like HOA fees, mortgage payments, property repairs, insurance payments, etc.

• Do NOT pay off any credit cards or other debts without talking to an attorney. There is an order of precedence in Florida probate law that gives some creditors priority over others. If you pay some creditors but do not have enough money to pay creditors with higher priority later, you could be personally liable.

  
  

Step 2: Hire a Florida Probate Attorney

In Florida, you can’t handle formal probate on your own in almost all cases — the law requires you to work with an attorney. The good news is that having the right attorney makes the process far less stressful.

Your attorney will:

• Help you open the estate and get Letters of Administration, the court order that authorizes you to act on behalf of the estate.

• Explain your responsibilities and guide you through each step.

• Handle communication with heirs, creditors, and the court so you can focus on your family.

  
  

Step 3: Take Care of Immediate Responsibilities

Once you’re officially appointed by the court, here’s what typically happens next:

• Secure the Property – Lock up the home, vehicles, or storage units. Collect keys, passwords, checkbooks, and anything else tied to the estate.

• Forward Mail – Update the mailing address so you can track bills, bank statements, or important notices.

• Identify Creditors – With your attorney’s help, review the decedent’s records to find out if any creditors need to be notified. Don’t pay any debts without legal guidance.

• Handle Taxes – File the decedent’s final income tax return, if required.

• Inventory the Assets – Within 60 days of being appointed as personal representative, you’ll need to provide a complete inventory of the estate to the court and to the heirs.

• Keep Records – Track all transactions carefully and provide regular updates to beneficiaries.

  
  

Step 4: Know When Probate Is Needed

One common question we hear is: “Is there a minimum amount required for probate?”

In Florida, the answer is no. If someone passes away owning assets in their name alone — even something as small as a single bank account — those assets generally need to go through probate if the assets are not on a trust or do not have a designated beneficiary.

You Don’t Have to Do This Alone

Being a personal representative can feel overwhelming, especially while you’re grieving. The good news? With the right guidance, you can handle your duties with confidence and make sure your loved one’s wishes are honored.

If you’ve been named a personal representative in Southwest Florida and aren’t sure where to start, reach out to us today. We’ll walk you through every step and make sure the process goes as smoothly as possible.