A personal representative who oversees the probate process on behalf of someone’s estate must effectively honor numerous responsibilities. One of the most important obligations that an estate administrator needs to manage involves communication with creditors.
An estate has a responsibility to pay creditors using estate resources before beneficiaries receive any assets from the estate. The failure to fulfill those obligations could lead to legal action against the personal representative, who may end up liable for the unpaid debts. To avoid liability, a personal representative must carefully follow Florida law.
How can a personal representative of an estate fulfill this obligation?
With direct communication
Personal representatives generally need to review someone’s finances and correspondence to identify likely creditors. They should then send written notification of the upcoming probate process to each of those creditors. Doing so as soon as possible ensures that those with a potential interest in the estate can seek repayment as appropriate.
With a notice in the newspaper
Florida state statutes also require that the personal representative of the estate publish notice about estate administration in a local newspaper for at least two consecutive weeks. They should use a local paper based on the address maintained by the decedent. The goal of this requirement is to ensure that even unknown creditors have an opportunity to request repayment in probate court. They can submit claims along with documentation affirming the validity of the debts owed by the deceased. So long as the personal representative takes the right steps, they aren’t at risk if creditors do not learn about probate proceedings in time to make a claim.
Understanding the responsibilities that fall to the personal representative of an estate may benefit those tasked with estate administration. Those who learn about what the law requires may have an easier time avoiding personal liability.