What is an Executor of an Estate?
In the State of Florida, an Executor of an Estate is the person or persons appointed to administer the Estate of someone who has passed away. The appointment is usually done by court order known as the Letters of Administration, and the Estate is administered in Probate Court, which is typically held in the county where the decedent last resided before passing away. But What is Probate?
Who Can be Appointed Executor of an Estate?
There are two ways someone can be appointed Executor of an Estate. 1) They are named in the decedent’s Last Will and Testament as the Executor, also known as Personal Representative, or 2) If there is no Last Will and Testament, the person elected by the majority of the people who are entitled to be Executor of the Estate, according to Florida Intestate Law. However, there are several legal requirements (pursuant to Florida Statutes Section 733.303) one must meet before being appointed Executor by the Probate Judge.
1. A person is not qualified to act as Executor if the person:
a) Has been convicted of a felony.
b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101.
c) Is mentally or physically unable to perform the duties.
d) Is under the age of 18 years.
2) If the person name as Executor in the will is not qualified, letters shall be granted as provided in s. 733.301.
Once someone is appointed Executor of an Estate, they have the authority and responsibility to conduct an inventory of the Estate and safeguard all of the assets of the Estate, settle all outstanding valid debts or claims against the Estate, pay taxes and expenses of the Estate, and ultimately distribute any remaining assets to the rightful heirs of the Estate.
What if I Need More Information About Becoming Executor of Someone's Estate?
If you are interested in a speaking with a Probate Attorney about becoming the Executor of someone’s Estate, kindly call our office anytime at 813-897-0295, and schedule your consultation to speak with a local Probate Attorney.
