Many of the people who die in Florida had lived much of their lives in other states. Florida is one of the country’s most popular retirement destinations. The climate and infrastructure in the Sunshine State make Florida an attractive destination for those looking for comfort and community during their golden years.
Older adults adapting their estate plans to conform with Florida laws may not have any family living in Florida. They may want to name one of their children or another trusted individual who lives in another state as their personal representative. Those who just lost a family member who was living in Florida may feel conflicted about their nomination to serve as the personal representative of their estate.
Can people outside of Florida oversee estate administration without living here?
Out-of-state administration requires support
Proximity can be beneficial during a stated administration, but it is not strictly necessary. Individuals named as personal representatives can oversee much of the probate process from elsewhere. The law permits such arrangements when they have a close familial relationship to the decedent.
Typically, they need to retain the services of a probate attorney who practices in Florida. They may also require support from other professionals, such as a property management company.
An attorney who practices in Florida can attend hearings on behalf of a personal representative. They can educate their client about state laws that regulate estate administration. They can also help their clients connect with other local professionals who can provide support services during the administration of the estate.
Living elsewhere does not prevent a family member or friend named as a personal representative in an estate plan from fulfilling that role. Putative personal representatives may need guidance as they attempt to administer a Florida estate while living elsewhere, and that’s okay.