{"id":10071,"date":"2022-07-01T08:45:00","date_gmt":"2022-07-01T08:45:00","guid":{"rendered":"https:\/\/juradolawfirm.com\/?p=10071"},"modified":"2022-05-31T12:42:53","modified_gmt":"2022-05-31T12:42:53","slug":"personal-representative-reimbursement-florida","status":"publish","type":"post","link":"https:\/\/juradolawfirm.com\/personal-representative-reimbursement-florida\/","title":{"rendered":"Personal Representative Reimbursement Florida – What You Should Consider"},"content":{"rendered":"\n

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In Florida’s formal administration<\/a>, the personal representative<\/a> is the individual appointed by the court to administer and execute the decedent’s estate. One of the responsibilities of the personal representative is to settle outstanding creditors’ claims and taxes using the assets subject to probate.\u00a0<\/p>\n\n\n\n

In this article, you will discover what you should consider about the reimbursement of estate-related expenses in Florida probate. <\/p>\n\n\n\n

Personal Representative Reimbursement Florida – Understanding the Process <\/h2>\n\n\n\n

When the court designates a person to serve as a personal representative, he or she must immediately follow a set of procedures to execute the decedent’s estate with full legal compliance. <\/p>\n\n\n\n

The first step is to notify any parties with an interest in the estate subject to probate, including the decedent’s creditors. If the decedent died with unpaid debts, the defaulted creditors have the right to claim the owed amount from the decedent’s estate. <\/p>\n\n\n\n

Florida Statutes \u00a7733.702 specifies the statute of limitations for creditors to lay claims against an estate subject to probate. <\/p>\n\n\n\n

Once the creditors have presented their claims against the decedent’s estate within the statutory period, the personal representative must pay the valid claims to the extent of the decedent’s assets and funds subject to the decedent’s debts. <\/p>\n\n\n\n

Personal Representative Reimbursement Florida – As Provided by Law  <\/h2>\n\n\n\n

Florida Statutes \u00a7733.710 (1) provides that “notwithstanding any other provision of the code, 2 years after the death of a person (…) the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent.” <\/p>\n\n\n\n

Before using the decedent’s assets to pay a claim, the personal representative must assess the order of preference for payment, the intent of the parties, and other elements to determine whether it is a valid payment. <\/p>\n\n\n\n

Florida Statutes \u00a7733.707 specifies that “the personal representative shall pay the expenses of the administration and obligations of the decedent’s estate in the following order: <\/p>\n\n\n\n