Roles & Responsibilities

You are responsible for administering the estate under the will.

In practical terms, that means:

• Locating assets

• Notifying beneficiaries

• Paying valid debts

• Working through probate if required

• Distributing property according to the will

You are not expected to know probate procedure on your own. In Florida, you will work with an attorney to file the necessary court documents and move the process forward correctly.

What matters most right now:

• Secure the residence and important documents

• Locate the will

• Avoid distributing property prematurely

• Begin gathering financial information

You are the coordinator, not the financier and not the judge. Your role is to follow the written instructions carefully.

If the estate plan includes a trust, your role may begin immediately.

You are responsible for:

• Managing trust assets

• Following the written instructions in the trust

• Distributing assets according to those instructions

• Acting in the best interest of the beneficiaries

Unlike probate, a trust often allows you to act without court supervision. But that does not mean you should act without guidance.

Your first practical steps:

• Locate the trust document

• Identify trust assets

• Secure accounts and property

• Obtain certified copies of the death certificate

You are not expected to interpret legal language alone. Your job is to carry out the instructions faithfully.

If the individual has already passed away, your authority under a Power of Attorney has ended.

This is a common point of confusion.

After death, authority shifts to:

• The Personal Representative (if there is a will)

• The Trustee (if assets are in a trust)

If you were serving as agent before death, your records and knowledge may still be helpful, but legal authority changes at death.

Your authority typically ends at death.

If medical decisions were required before passing, you carried out the person’s wishes.

After death, responsibilities move to the Personal Representative or Trustee for financial and legal matters.

If both parents are deceased or incapacitated, your role becomes active.

You are responsible for:

• Day-to-day care

• Education

• Medical decisions

• Stability and continuity

Financial resources for the child may be managed by a Trustee or Personal Representative, separate from daily caregiving.

This can feel overwhelming. But you do not have to navigate the legal aspects alone.

This only applies if a court determines a guardianship is necessary.

If no court proceeding is opened, this nomination may never become active.

If a guardianship proceeding is filed, the court gives strong consideration to the person who was named in advance.