An executor or personal representative managing an estate has many obligations. There are many scenarios in which people who live in Florida select personal representatives who live in another state. This is especially common in scenarios where older, retired adults initially lived in another state. Provided that personal representatives have the right support and understand their obligations, they could competently manage estate administration from another state.
What challenges do personal representatives frequently face when they live far from where probate hearings occur?
1. Securing and maintaining physical property
Locating and protecting the assets that now belong to the estate is a key responsibility during the probate process. Personal representatives might need to travel to Florida to locate and secure resources. For example, if the decedent lived in an apartment, clearing their property quickly may be important, as landlords may otherwise dispose of property left behind as they prepare the unit for a new tenant.
If the decedent owned a home, changing the locks and protecting the assets in the property can be of the utmost importance. The personal representative may even need to secure vacant property insurance to protect against the possibility of vandalism and other crimes until they sell the home or transfer ownership in accordance with the estate plan.
2. Managing probate proceedings
Typically, personal representatives must attend probate court hearings. They present the estate planning paperwork to the courts or submit documents affirming that there is no estate plan.
The need to repeatedly travel to Florida could make estate administration prohibitively costly and disruptive for many out-of-state personal representatives. Thankfully, if they retain legal assistance from a probate attorney, the lawyer can attend court hearings on their behalf, submit paperwork regarding the estate and possibly even arrange for virtual appearances in court.
3. Identifying and communicating with creditors
The probate process requires that personal representatives identify the creditors owed money by the decedent. This process often requires an evaluation of correspondence delivered to the residence of the decedent. Those who do not live in Florida may need to hire someone to open and assess incoming correspondence. They can also arrange to have someone forward the mail to them physically.
A lawyer assisting with estate administration can help personal representatives fulfill their duties and connect with in-state supports, such as property managers. Fulfilling probate obligations is possible even in scenarios where a personal representative does not live in Florida and cannot repeatedly travel to the Sunshine State during estate administration.