How to Prepare a Personal Representative or Trustee for Success in Alabama and Florida: Duties and Legal Rights Explained
- Colin McMichen
- Oct 1
- 3 min read
Choosing the right personal representative (also known as an executor or administrator) or trustee is one of the most important decisions in estate planning. These individuals are responsible for carrying out your wishes, protecting your assets, and ensuring your loved ones receive what you intended. Unfortunately, many people underestimate the role—or appoint someone without preparing them for the responsibility. This can lead to confusion, delays, or even costly disputes.
In this post, we will break down what personal representatives and trustees do, their rights and responsibilities, how to prepare them, and what happens when things go wrong.
Key Definitions
Personal Representative - In both Alabama and Florida, the official legal term for the person appointed by the court to manage an estate after death is personal representative.
Historically in Alabama, the term executor referred to someone named in a will to carry out its instructions, while administrator referred to someone appointed by the court when there was no will or when the named executor could not serve. Today, the term personal representative is commonly used to describe both roles.
Trustee - A trustee manages property held in a trust (during life or after death) according to the instructions in the trust document. Unlike a personal representative, a trustee usually does not need court approval to act—the trust itself grants authority. Trustees may serve for years or decades, sometimes long after the estate has been settled.
Personal Representative vs. Trustee: What Is the Difference?
Personal Representative – Handles your estate through probate, pays debts and taxes, and distributes property to heirs. Their role typically ends once the estate is fully administered.
Trustee – Manages trust assets for the long term, investing prudently and distributing funds according to your instructions.
Both roles demand honesty, organization, and attention to detail.
Duties of a Personal Representative or Trustee
While specific duties depend on state law and the terms of your documents, common responsibilities include:
Locating and safeguarding assets—from bank accounts and investments to real estate and personal belongings.
Paying debts and expenses, including final bills, funeral costs, and taxes.
Managing investments (trustees must follow the “prudent investor” rule).
Communicating with beneficiaries about timelines, distributions, and delays.
Filing court documents and tax returns to comply with probate court and the IRS.
Distributing assets according to the will or trust, fairly and transparently.
Rights of a Personal Representative or Trustee
It is a demanding job, but the law provides certain rights to help them succeed:
Reasonable compensation for time and effort.
Authority to hire professionals—such as attorneys, accountants, or financial advisors—paid from estate or trust funds.
Reimbursement for legitimate out-of-pocket expenses incurred while carrying out duties.
What Happens When Things Go Wrong?
Even with the best intentions, not every personal representative or trustee acts appropriately. Common issues include:
Delays in settling the estate.
Mismanagement of assets.
Poor communication, leaving beneficiaries in the dark.
Self-dealing, where personal interests come before the estate or trust.
When problems arise, beneficiaries may petition the court to:
Compel the personal representative or trustee to act,
Require a detailed accounting, or
Remove and replace them.
In serious cases, they may be held personally liable for losses caused by misconduct.
How to Prepare Your Personal Representative or Trustee
The best way to avoid problems is to set your chosen representative up for success:
Choose wisely – Select someone trustworthy, organized, and willing to serve.
Have an honest conversation – Ensure they understand the role and are comfortable accepting it.
Leave clear instructions – A well-drafted estate plan minimizes confusion and disputes.
Provide resources – Encourage them to seek professional guidance when needed.
Name backups – In case your first choice is unable or unwilling to serve.
Organize your personal information – Share details about accounts, life insurance, real estate, and debts. Our free Family Blueprint is a helpful guide for collecting this information. The more you provide, the better prepared your representative will be.
Final Thoughts
Serving as a personal representative or trustee is both an honor and a burden. With proper preparation, you can give your chosen representative the tools to succeed—and protect your loved ones from unnecessary stress.
Your Next Step
If you would like help choosing or preparing your personal representative or trustee, or if you have concerns about someone currently serving in that role, our estate planning team at Provident Law / Estate Planning is here to guide you.
Contact us today to schedule a free consultation.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families navigate complex legal matters with confidence.
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