Personal Representative Lawyer Orlando, FL
Being named personal representative of someone’s estate is not an honor to be taken lightly. Florida law requires you to administer the estate through probate court, which means court filings, creditor notifications, asset inventories, and distributions to beneficiaries according to a specific legal process.
Our Orlando, FL personal representative lawyer at Magill Law Offices helps personal representatives take on these responsibilities. We offer free consultations to discuss what the role involves in your specific situation.
Why Choose Magill Law Offices for Personal Representative Services in Orlando, Florida?
Probate Experience Since 1977
Patrick Magill opened this firm in 1977. His son, Robert T. Magill, runs it today and focuses his practice on probate, estate administration, and estate planning for clients in Orange County and throughout Central Florida.
Robert worked in the legal field alongside his father for more than twenty years before attending law school. He earned his J.D. from Florida A&M University College of Law and completed his undergraduate degree at the University of Central Florida. The Florida Bar admitted him in 2008.
Professional Background
Robert has taught estate planning at the University of Central Florida as an Adjunct Professor. He belongs to the Orange County Bar Association and the Real Property, Probate & Trust Law Section of The Florida Bar.
If you need an estate planning lawyer in Orlando, FL, we also help clients create wills and trusts that make administration easier for whoever serves as personal representative down the road.
What Clients Have Said
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“Robert was extremely prompt and knowledgeable about the formal probate process that I needed to work through for my father. He has gone above and beyond to help every step of the way. Affordable pricing too!” – Craig Coderre
Read more reviews on our Google Business Profile.
Types of Personal Representative Cases We Handle in Orlando
Not all probate cases look alike. The estate’s size, the clarity of the will, and the relationships among beneficiaries all affect what a personal representative will face. Here is what we work on most frequently.
- Formal administration. Estates over $75,000 typically require formal administration, the standard probate process in Florida. You petition the court, notify creditors, create an inventory of assets, pay valid debts, and distribute what remains to beneficiaries under the will or Florida intestacy law.
- Summary administration. Smaller estates or situations where the decedent died more than two years ago may qualify for a faster, simpler probate process. The personal representative’s role changes under summary administration, and the court involvement is more limited.
- Ancillary administration. Sometimes a person dies as a resident of another state but owns real property here in Florida. The estate needs an ancillary proceeding in Florida to address that property. We help out-of-state personal representatives handle the Florida side.
- Creditor disputes. Creditors have a limited window to file claims against the estate. Some of those claims are legitimate. Others are inflated, stale, or outright invalid. We help personal representatives evaluate claims and push back when warranted.
- Beneficiary conflicts. Grief does strange things to families. Siblings who got along fine for decades suddenly argue about mom’s jewelry or dad’s golf clubs. Sometimes a beneficiary tries to contest the will or accuses the personal representative of mismanagement. We represent personal representatives dealing with estate administration disputes.
- Defense against removal or surcharge actions. Beneficiaries occasionally sue the personal representative for breach of fiduciary duty. These cases can result in personal liability. We defend personal representatives in litigation.
Florida Legal Requirements for Personal Representatives
Serving as personal representative comes with legal obligations and potential liability. Understanding what Florida law requires helps you avoid costly mistakes.
Who Can Serve
Florida Statute 733.302 sets out the qualifications. You must be at least 18, mentally and physically able to handle the duties, and free of felony convictions. Florida also imposes residency requirements, though the statute provides exceptions in certain situations involving family members. If you are unsure whether you qualify, we can review the specifics during a consultation.
Getting Appointed
The will might name you as personal representative, but that does not give you authority to act. You have to go through the court. Under Florida Statute 733.301, the person named in the will has priority for appointment. When there is no will or the named person cannot serve, the statute establishes an order of preference.
After filing the petition for administration, the court issues Letters of Administration. Those letters are your proof of authority. Banks, title companies, and other institutions will ask to see them before they deal with you.
Fiduciary Duties
Under Florida Statute 733.602, you owe fiduciary duties to the estate and its beneficiaries. The law expects you to settle and distribute the estate expeditiously and efficiently. You cannot favor one beneficiary over another. You cannot use estate funds for your own benefit. You cannot let assets sit idle or make reckless investment decisions.
Breach of fiduciary duty can mean removal from the position, denial of your compensation, and personal liability for losses to the estate.
Creditor Notice
Florida requires you to publish a notice to creditors in a local newspaper and send direct notice to creditors you know about or could reasonably identify. Creditors then have a limited time to file claims. If you skip this step or do it incorrectly, you may remain personally liable for claims that surface after you have distributed the estate.
Important Aspects of an Orlando Personal Representative Case
The probate process has a defined sequence. Skipping steps or doing them out of order creates problems. These are the tasks we help personal representatives work through.
Opening the Estate
You start by filing a petition with the Orange County Probate Court. Along with the petition, you submit the original will if there is one, a certified death certificate, and other documents the court requires. A judge reviews the filing and, if everything is in order, issues Letters of Administration.
Until you have those letters, you cannot do much. Banks will not talk to you. You cannot sell real estate. You cannot distribute anything to beneficiaries. We handle the paperwork and get you appointed as quickly as the court allows.
Creating the Inventory
Florida requires an inventory of probate assets within 60 days of your appointment. You list every asset subject to probate along with its value as of the date of death. Real estate, bank accounts, investment accounts, vehicles, personal property, business interests. Some items need formal appraisals. Others you can value based on account statements or comparable sales.
This inventory matters. It establishes what you are responsible for, informs the beneficiaries of what exists, and affects tax filings. We help you identify what belongs in the estate and how to value it correctly.
Managing What You Control
While the estate is open, you are responsible for the assets in it. Real estate needs to stay insured. Mortgages and property taxes need to be paid. Investment accounts should not sit in inappropriate positions. Valuable personal property needs to be secured.
Some personal representatives make the mistake of treating estate assets casually because the money is not theirs. That casual approach can lead to surcharge actions by unhappy beneficiaries. We advise on asset management throughout the process.
Dealing With Creditors
After you publish and mail creditor notices, claims start arriving. Some are straightforward. The decedent owed a credit card balance or had an outstanding medical bill. You verify the amount and pay it.
Other claims are questionable. Maybe the amount seems inflated. Maybe the debt was already paid. Maybe the statute of limitations expired years ago. You have the right to object. Filing a claim does not mean the estate owes the money.
Personal representatives sometimes pay every claim that comes in because they want to avoid conflict. That is a mistake. If you pay an invalid claim, you may be personally responsible for the amount. We help evaluate claims and handle objections.
Taxes
The personal representative files the decedent’s final income tax return. If the estate earns income during administration, that may require a fiduciary income tax return. Larger estates may owe federal estate tax, though Florida does not impose its own estate tax.
We coordinate with accountants on tax obligations.
Distributing Assets
Once you have paid debts, expenses, and taxes, you distribute what remains according to the will or intestacy law. Before you hand over assets, you should obtain signed receipts from beneficiaries. Better yet, get releases that protect you from later claims.
Distributions before paying all creditors can expose you to personal liability if funds run short.
Closing the Estate
Formal administration in Florida ends with either a formal closing, which involves filing a final accounting with the court, or an informal closing with waivers from all beneficiaries. Until the estate is closed, your duties and potential liability continue.
We manage the closing process and help you obtain a discharge from the court.
Contact Magill Law Offices
If you need guidance through probate as a personal representative, we are here to help. Our Orlando personal representative attorney offers free consultations to discuss your specific situation and explain what the process involves.
We respond to calls and emails promptly. You can schedule a consultation at a time that works for you.
Probate administration is not something to figure out as you go. Having a lawyer who has handled hundreds of these cases helps you fulfill your duties correctly and close the estate without unnecessary complications. Magill Law Offices has been guiding personal representatives in Orlando since 1977.