Florida calls this role a "personal representative," and the state has one of the strictest residency rules in the country for who can serve. If you're managing a Florida estate, or a family member has asked you to serve, this guide covers what the job requires.
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Personal Representative vs. Executor
Florida law uses the term "personal representative" instead of "executor" or "administrator," but the role is the same: the person legally responsible for administering the estate under the Florida Probate Code. This guide uses "personal representative" and "executor" interchangeably, matching Florida's own statutory language.
Who Can Serve as Personal Representative in Florida?
This rule catches more families off guard than any other. Under Florida Statutes § 733.304, a person who is not a Florida resident can only serve as personal representative if they are:
- A legally adopted child or adoptive parent of the deceased
- A spouse, sibling, parent, child, or other close blood relative of the deceased
- The spouse of one of the above relatives
A close friend, unrelated business partner, or unrelated caregiver who lives out of state generally cannot serve as personal representative in Florida, even if they're named in the will. Most states are less strict.
How to Get Appointed as Personal Representative in Florida
- File a Petition for Administration with the circuit court (probate division) in the county where the deceased resided.
- Obtain Letters of Administration after the court reviews the petition and, if there's a will, admits it to probate.
- File an Oath of Personal Representative and, if required, post a bond.
Florida requires most estates to go through administration with an attorney of record. Self-representation is allowed only in narrow circumstances (summary administration for small estates, or if you are the sole interested party).
Personal Representative Compensation in Florida
Florida sets a presumed "reasonable" fee schedule under Florida Statutes § 733.617:
| Estate Value Bracket | Fee Rate |
|---|---|
| First $1 million | 3% |
| Next $4 million (up to $5M total) | 2.5% |
| Next $5 million (up to $10M total) | 2% |
| Above $10 million | 1.5% |
The statute also allows additional compensation for "extraordinary services," such as selling real estate, handling litigation, running a business, or preparing estate tax returns. These are the presumed reasonable rates. The personal representative and beneficiaries can agree to a different fee, or the court can adjust it.
Your Core Duties as Personal Representative in Florida
- File the Petition for Administration and obtain Letters of Administration
- Publish a Notice to Creditors and serve notice on known creditors
- File an inventory of estate assets
- Manage and protect estate property during administration
- Pay valid claims, expenses, and taxes
- File required tax returns
- Distribute assets per the will or Florida's intestacy laws
- Petition the court for discharge once administration is complete
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See the full checklist →The 60-Day Inventory Deadline
Florida personal representatives must file an inventory of the estate's assets within 60 days of receiving Letters of Administration. The inventory must list each asset and its estimated fair market value as of the date of death.
Pro tip
Because most Florida estates require an attorney, talk to your attorney about the inventory deadline early. Florida courts don't usually grant extensions without good cause.
How to Close the Estate in Florida
Once debts, claims, and taxes are resolved, the personal representative files a Petition for Discharge along with a final accounting. After the court approves it, the personal representative distributes the remaining assets and collects receipts from beneficiaries. The court then issues an Order of Discharge, formally closing the estate and releasing the personal representative from further duty.
You're reading about executor duties in Florida. Here's what else is on the list.
- Locate the Will and legal documents
- Start the probate process (Contact Attorney)
- Hire a tax accountant for estate filings
- File final individual and estate tax returns
- Prepare final accounting for probatethis guide
- Perform final distribution to beneficiaries
- + 64 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Florida may change. Consult a licensed Florida attorney for guidance specific to your situation.