Executor of an Estate in Florida: The Personal Representative

In Florida, the executor of an estate is called the personal representative, “the fiduciary appointed by the court to administer the estate,” a term that covers what has been known as an executor (s. 731.201(28), Florida Statutes, as of October 2026). A will can nominate a personal representative, but the duties and powers begin on appointment by the probate court, which issues letters of administration (ss. 731.201(24) and 733.601).

On this page

• Who can serve as personal representative in Florida
• How a personal representative is appointed
• What a Florida personal representative does
• Florida homestead and the personal representative
• Liability and removal
• Common situations in Florida
• How it fits with the other Florida documents
• Frequently asked questions
• Next step

Who can serve as personal representative in Florida

With a will, the court gives first preference to the personal representative the will nominates, or that person’s successor (s. 733.301(1)(a), as of October 2026). Without a will, the order is the surviving spouse, then the person selected by a majority in interest of the heirs, then the heir nearest in degree (s. 733.301(1)(b)).

A person qualifies if sui juris and a Florida resident at the time of the death (s. 733.302). A person is not qualified if convicted of a felony, or of abuse, neglect or exploitation of an elderly person or disabled adult, if mentally or physically unable to perform the duties, or if under 18 (s. 733.303(1)).

The nonresident rule. A person not domiciled in Florida can qualify only as the decedent’s adopted child or adoptive parent; a lineal relative, such as a child, grandchild or parent; a spouse, brother, sister, uncle, aunt, nephew or niece, or a lineal relative of one of them; or the spouse of a person who qualifies (s. 733.304). A friend who lives in another state does not qualify. If domicile was a requirement of the appointment, moving out of Florida is a cause for removal (s. 733.504(11)).

Choosing one when the will is written is covered in the Florida last will and testament guide.

How a personal representative is appointed

The custodian of a will must deposit it with the clerk of the court within 10 days after receiving information that the testator is dead (s. 732.901(1), as of October 2026). The court appoints the person entitled and qualified, and letters issue once any required bond, oath and resident agent designation are in place (Fla. Prob. R. 5.235). Three Florida requirements apply:

• Bond. Unless the will or the court waives it, the personal representative files a bond with surety (s. 733.402(1)).
• Resident agent. Before letters issue, the personal representative designates a resident agent for service of process or notice and files the agent’s acceptance, unless the personal representative is a corporate fiduciary with a Florida office or a Florida Bar member who lives and has an office in Florida (Fla. Prob. R. 5.110(b)).
• A Florida lawyer. Every personal representative, unless the personal representative remains the sole interested person, must be represented by an attorney admitted to practice in Florida (Fla. Prob. R. 5.030(a)).

What a Florida personal representative does

A personal representative is a fiduciary who must settle and distribute the estate under the will and the code, expeditiously and efficiently (s. 733.602(1), as of October 2026). The main steps:

1. Notice of administration. It is served promptly on the surviving spouse, the beneficiaries and others the statute lists who are known to the personal representative (s. 733.212(1)). A person served has 3 months after service to object to the validity of the will, the venue or the court’s jurisdiction (s. 733.212(3)).
2. Notice to creditors. It is published once a week for 2 consecutive weeks in a newspaper in the county where the estate is administered (s. 733.2121(2)) and served on creditors who are reasonably ascertainable after a diligent search (s. 733.2121(3)(a)). If the decedent was 55 or older, a copy and the death certificate go to the Agency for Health Care Administration within 3 months after first publication (s. 733.2121(3)(d)).
3. Claims. A claim that arose before the death, or a claim for funeral or burial expenses, is not binding on the estate unless filed by the later of 3 months after first publication or, for a creditor who must be served, 30 days after service (s. 733.702(1)). Two years after the death, the estate is generally not liable for claims against the decedent, whether or not letters were issued (s. 733.710(1)).
4. Possession and inventory. Unless the will provides otherwise, the personal representative takes possession or control of the decedent’s property, except the protected homestead (s. 733.607(1)), and files an inventory within 60 days after letters issue (Fla. Prob. R. 5.340(a)).
5. Distribution. A personal representative is not required to pay or deliver a devise until 5 months after letters are granted (s. 733.801(1)).
6. Closing. When administration is complete except for distribution, the personal representative files a final accounting and a petition for discharge (Fla. Prob. R. 5.400(a)). Discharge bars actions against the personal representative and the surety (s. 733.901(2)).

Florida homestead and the personal representative

The protected homestead is not among the estate assets the personal representative holds for paying claims, expenses and devises (s. 733.608(1), as of October 2026). If property that appears to be protected homestead is not occupied by anyone who appears to have an interest in it, the personal representative may, but need not, take possession only to preserve, insure and protect it until its homestead status is determined (s. 733.608(2)).

Liability and removal

A personal representative’s fiduciary duty is the same as that of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss caused by a breach (s. 733.609(1), as of October 2026). A transaction affected by the personal representative’s conflict of interest is voidable by an interested person who did not consent after fair disclosure, unless one of the statute’s exceptions applies (s. 733.610). Causes for removal include failure to comply with a court order, wasting or maladministration of the estate, failure to give bond and conflicting or adverse interests (s. 733.504).

Common situations in Florida

• Acting before appointment. Acts of the person later appointed that occurred before appointment and benefit the estate have the same effect as acts after it (s. 733.601, as of October 2026). A person who takes, converts or intermeddles with a decedent’s property is liable to the personal representative, once appointed, for its value and the damage caused (s. 733.309).
• A small estate. Summary administration under chapter 735 is available for some estates, including smaller ones (s. 735.201).

How it fits with the other Florida documents

• Will. The will nominates the personal representative and a successor (s. 733.301(1)(a), as of October 2026) and can waive the bond (s. 733.402(1)).
• Revocable living trust. A revocable trust is liable for the estate’s administration expenses and obligations to the extent the estate is insufficient to pay them (s. 733.707(3)), and the personal representative is entitled to payment of the shortfall from the trustee (s. 733.607(2)).
• Durable power of attorney. A power of attorney terminates when the principal dies (s. 709.2109(1)(a)), so the agent’s authority does not carry into the estate.

Frequently asked questions

Is an executor the same as a personal representative in Florida?

Yes. Florida’s definition of personal representative includes what has been known as an executor (s. 731.201(28), as of October 2026).

Can an executor live out of state in Florida?

Only if the person fits the family list in s. 733.304 (as of October 2026), described above under the nonresident rule. A resident agent must also be designated before letters issue (Fla. Prob. R. 5.110(b)).

How much does an executor get paid in Florida?

A personal representative is entitled to a commission from the estate assets for ordinary services, based on the inventory value of the probate estate assets and the income earned during administration (s. 733.617(1), as of October 2026). In formal administration, the commission is presumed reasonable at 3 percent of the first $1 million, 2.5 percent above $1 million up to $5 million, 2 percent above $5 million up to $10 million, and 1.5 percent above $10 million (s. 733.617(2)).

How long does a personal representative have to settle an estate in Florida?

For an estate not filing a federal estate tax return, the final accounting and petition for discharge are due within 12 months after letters issue, otherwise within 12 months from the return’s due date, unless the court extends the time (Fla. Prob. R. 5.400(c), as of October 2026).

Does a personal representative need a lawyer in Florida?

Yes, unless the personal representative remains the sole interested person (Fla. Prob. R. 5.030(a), as of October 2026).

Next step

Plan Ahead handles probate administration in Florida. A family that needs probate administration can call the office at (561) 464-4529. For planning, Plan Ahead prepares the Last Will and Testament, on its own or as part of a trust-based plan. Planning meetings are by Zoom; signings take place in person, at the client’s home or at our Lake Worth Beach office, with two witnesses and a notary provided by the firm. Schedule a complimentary Peace of Mind Planning Session, or see the other Florida planning documents on the Florida page.

Related reading

• Will vs. Trust in Florida: How They Differ Under Florida Law
• Florida Homestead and the Estate Plan: Who Can Inherit the Home

This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading it.