Many clients want to select a Personal Representative (Executor if you are in other states) based on feelings or sentimentality. For instance, choosing all three children instead of one child, or a brother and sister located in multiple states. This can be problematic for many reasons. Under Florida law, a qualified Personal Representative must be a resident of Florida, or a lineal relative, or the spouse of a lineal relative. There are exceptions and additional statutory requirements. Multiple Personal Representatives can create additional costs for the estate, and can breed conflict. Florida law also requires Personal Representatives to act together. If you anticipate that your beneficiaries will be arguing over assets after your death, it may be best to designate one Personal Representative or a Corporate Personal Representative. Either way, there are additional pros and cons to consider. Speak with your attorney about selecting a Personal Representative.
-Emily A. Helmick