Estate and Trust Administration

Being named as a Personal Representative of an estate or a Trustee of a trust is an honor—but it is also a serious legal responsibility. If these duties are not handled properly, you can be held personally liable.

Even before probate begins or you agree to serve as trustee, important decisions may need to be made that affect the entire process. For this reason, it is wise to speak with an attorney before taking any action.

You always have the right to choose your own attorney to advise you.

Hawkins & Burt assists clients at every stage of estate and trust administration.

Probate of Estate

Under Florida law, a person is not required to have a will.

  • If a person dies with a will, they are said to have died testate.
  • If a person dies without a will, they are said to have died intestate.

In either case, the person’s property must be gathered, protected, and distributed according to Florida law and, if there is a will, according to its terms. The property of the deceased is called an Estate. The process of gathering, protecting and distributing an estate is called Probate.

If you are named as a Personal Representative in a will—or you wish to be appointed when there is no will—you should seek legal advice immediately. Florida law requires that a Personal Representative be represented by a Florida attorney.

A Personal Representative is a fiduciary, meaning you must act in the best interests of the beneficiaries and follow the law carefully.

The Probate Process Typically Includes:

  • Filing the death certificate with the court
  • Preparing the documents necessary to appoint the Personal Representative
  • Identifying, gathering, and protecting estate assets
  • Notifying beneficiaries and creditors
  • Paying only valid creditor claims
  • Protecting the rights of a surviving spouse and family members (homestead, elective share, family allowance, exempt property)
  • Preparing a formal accounting
  • Addressing tax matters
  • Distributing assets properly
  • Closing the estate and obtaining a court order releasing the Personal Representative from further duties

Both the attorney and the Personal Representative are entitled to reasonable fees. Florida law provides guidelines for these fees, often based on the value of the estate.

Mr. Burt offers a free initial consultation to answer your questions and explain fees.

Trust Administration

If you agree to serve as a Trustee, you also become a fiduciary with serious legal duties.

A Trustee must:

  • Notify beneficiaries of the trust
  • Provide copies of the trust document
  • Take control of trust assets
  • Follow the terms of the trust
  • Keep beneficiaries informed through trust accountings
  • Handle tax filings and required distributions properly

Some trusts give trustees discretion about whether distributions should be made in certain situations, such as when a beneficiary struggles with substance abuse or is incarcerated. These decisions must be made carefully and with legal guidance.

Trustees and their attorneys are entitled to be paid for their services.

Hawkins & Burt advises trustees and beneficiaries and offers a free initial consultation.