Can you have co-personal representatives?

In short, appointing co-personal representatives can lead to unnecessary delay, arguments, or even litigation. It is best to name one trusted individual to serve as personal representative, and name at least one trusted successor.

Can you have two personal representatives in your will?

In most situations, it’s not a good idea to name co-executors. When you’re making your will, a big decision is who you choose to be your executor—the person who will oversee the probate of your estate. Many people name their spouse or adult child. You can, however, name more than one person to serve as executor.

Can you have more than two co personal representatives?

So…now you really have three attorneys who have billed an estate. Are more than two children co-personal representatives or executors? That can lead to situations with 4 or 5 attorneys billing the estate (or more!). So should you look for when appointing a Personal Representative, Trustee, or other fiduciary?

When to use co personal representatives or co trustees?

A client walks in who wants to create a trust or will and who has two (or more) children. When we get to the question of who will handle the business of a client’s will or trust, the client almost invariably says “I want all of my children to serve together as Co-Personal Representatives (or Co-Trustees or Co-Executors) of my estate.”

How can I be a personal representative in a will?

Go to the people who are entitled to inherit the property under a Will, or to whom property will pass by law if there is no Will, and ask them if they are willing to have you act as Personal Representative without a bond. If they are willing, ask them to sign the WAIVER OF BOND.

How old do you have to be to be a personal representative?

2. Decide if you are an appropriate person to be the Personal Representative. Generally to file the Application you must be: • Over 18 years of age AND • The surviving spouse of the decedent, • An adult child of the decedent,

Can a person serve as a personal representative in a will?

A will should—and usually does—name the individual the decedent would like to serve as their personal representative or executor. Courts almost invariably honor the decedent’s wishes if the person named in the will is still alive and is otherwise able and willing to serve, provided they’re legally allowed to do so.

How to apply to be the personal representative?

1. Decide if you are asking for an appointment as Personal Representative for the person who died with no Will, or with a Will. If the person died with a Will, you will also be asking for the Will to be admitted into informal probate. 2. Decide if you are an appropriate person to be the Personal Representative.

Who is the personal representative of an intestate estate?

Check with a local attorney if you’re planning your will and you’re unsure about the person you want to name as personal representative. An intestate estate is one for which the decedent didn’t leave a last will and testament.

Can a person serve as a personal representative in Florida?

For example, a person can’t serve as a personal representative in Florida unless he is related to the decedent by blood or marriage, or, if he’s not, he is a Florida resident. Beneficiaries or heirs can contest a will and object to the personal representative the decedent named in his will.