Can the Executor Correct a Mistake in the Will in Florida?
A last will and testament is a foundational estate planning document. A will typically names an executor. The executor is responsible for administering the estate and navigating the probate process. However, if there is a mistake in the will, the executor does not have the authority to change it. Here, our St. Petersburg probate lawyer provides an overview of the key things to know about the rights and responsibilities of the executor in Florida.
What is an Executor?
Also referred to as a personal representative, an executor is the party named in a will to carry out the wishes of the deceased. He or she is responsible for managing the estate, including gathering assets, paying debts, and distributing property to beneficiaries. Notably, the executor has a fiduciary duty to act in the best interests of the estate and its heirs. In Florida, the executor must be approved by the probate court before beginning official duties. If no executor is named or the named person is unable to serve, the court will appoint someone to fulfill the role.
The Executor Does Not Have the Power to “Fix” a Will in Florida
It is the job of the executor to carry out the lawful and properly written directions contained within the will. The executor is entrusted with ensuring that the final wishes of the decedent are followed. With that being said, the executor does not have the power to “fix” a will in Florida if there are problems with it.
Indeed, even if the executor believes (and has good reason to show) that mistake was made, they cannot unilaterally change the document’s terms. Florida probate courts expect strict compliance to the testator’s written wishes unless a legal process determines otherwise. If an executor tries to change the will, even with good intentions, it may be considered a breach of fiduciary duty.
A Probate Court in Florida Can Fix Some Problems With the Will (Limited Remedy)
While executors cannot change a will themselves, Florida courts may allow for “reformation” under certain conditions. If there is clear and convincing evidence that the will does not reflect the decedent’s true intent, a petition can be filed to request judicial correction. The process is governed by Florida Statutes § 732.615. The law permits reformation to fix a mistake of fact or law in the will’s content. The court must be persuaded that the mistake was genuine and that the correction aligns with what the testator actually intended at the time of execution.
Contact Our St. Petersburg Estate Administration Attorney Today
At Fisher & Wilsey, P.A., our St. Petersburg estate administration lawyer has the knowledge and legal expertise that you can rely on. If you have any questions or concerns about estate administration, please do not hesitate to contact us today. With an office in St. Petersburg, we handle probate and estate administration throughout the region in Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.615.html
