Administrator of an Estate in Florida

When a person dies without a valid will in Florida—known as dying intestate—the court must appoint someone to administer the estate. In Florida, this person is called the personal representative, which is the legal equivalent of what many states refer to as an administrator. The personal representative appointed in an intestate estate has the same fiduciary obligations and general powers as one appointed under a will, but the appointment process, eligibility requirements, and certain aspects of administration differ in important ways.

At the Law Offices of Albert Goodwin, PA, we assist families throughout Florida in navigating the intestate estate administration process, from the initial appointment of a personal representative to the final distribution of estate assets.

When Is an Administrator Needed?

An administrator (personal representative) is needed when a Florida resident dies without a will, or when the will does not name a personal representative, or when the person named in the will is unable or unwilling to serve and no alternate is designated. In these situations, the probate court must determine who is eligible and entitled to serve as personal representative based on the priority system established by Florida law.

An intestate estate must go through probate just as a testate (with a will) estate does. The personal representative must be formally appointed by the court before they have any legal authority to act on behalf of the estate.

Who Qualifies as Administrator Under Florida Law?

Not everyone is eligible to serve as a personal representative in Florida. Under F.S. § 733.302 and F.S. § 733.303, a person is qualified to serve as personal representative if they meet certain requirements.

Basic Eligibility Requirements

To be eligible to serve as personal representative of a Florida estate, a person must:

Be at least 18 years of age
Be mentally and physically capable of performing the duties
Not have been convicted of a felony

Importantly, Florida law restricts who may serve as personal representative based on residency. Under F.S. § 733.304, a person who is not a resident of Florida may only serve as personal representative if they are a legally adopted child or adoptive parent of the decedent, or are related to the decedent by lineal consanguinity (direct ancestors or descendants), or are a spouse, brother, sister, uncle, aunt, nephew, or niece of the decedent, or the spouse of any such person. A nonresident who does not fall into one of these categories is not eligible to serve as personal representative of a Florida estate.

Priority for Appointment Under F.S. § 733.301

When there is no will, F.S. § 733.301(2) establishes the order of priority for appointment as personal representative. The court must follow this priority unless there is a compelling reason to deviate. The priority order for intestate estates is:

Surviving spouse – The surviving spouse of the decedent has first priority to serve as personal representative.
Person selected by a majority in interest of the heirs – If the surviving spouse does not seek appointment or is not eligible, the person selected by a majority in interest of the heirs (determined by the value of their respective inheritance shares) has the next priority.
Nearest heir of the decedent – If no person is selected by the heirs, the heir who is nearest in degree of kinship to the decedent has the next priority.

If no person with priority seeks appointment or is eligible, the court may appoint any qualified person, including a professional fiduciary or a trust company authorized to do business in Florida.

Disputes Over Appointment

Disputes over who should serve as personal representative are common in intestate estates, particularly when family relationships are complicated. Multiple heirs may seek appointment, or heirs may object to the appointment of a particular person. The court will consider the statutory priority, the qualifications of the proposed personal representative, and the best interests of the estate in resolving these disputes.

Bond Requirements

One significant difference between testate and intestate estate administration in Florida involves bond requirements. Under F.S. § 733.402, the court generally requires the personal representative to post a bond unless the requirement is waived.

In testate estates, the will typically includes a provision waiving the bond requirement. In intestate estates, where there is no will to waive the bond, the court will usually require the personal representative to post a bond in an amount sufficient to protect the estate assets. The bond amount is typically set at the value of the personal property of the estate plus anticipated annual income.

However, the bond requirement may be waived in intestate estates if:

All interested persons (heirs and creditors) consent to waive the bond
The personal representative is a trust company or other corporate fiduciary
The court determines that a bond is not necessary to protect the interests of the estate

The cost of the bond premium is paid from estate assets as an expense of administration. Beneficiaries should understand that the bond protects them—if the personal representative mismanages or steals estate assets, the bonding company will compensate the estate up to the amount of the bond.

Duties of the Administrator

The personal representative of an intestate estate has the same fundamental duties as a personal representative appointed under a will. Under F.S. § 733.602, the personal representative is a fiduciary who must observe the standards of care applicable to trustees. Key duties include:

Marshaling Assets

The personal representative must identify, locate, and take control of all assets belonging to the estate. This includes real property, bank accounts, investments, vehicles, personal property, and any other assets the decedent owned at the time of death. The personal representative must prepare an inventory of estate assets and file it with the court within 60 days of appointment, as required by F.S. § 733.604.

Providing Notice to Creditors

The personal representative must publish a notice to creditors in a local newspaper as required by F.S. § 733.2121. This notice gives creditors a limited time (generally three months from the first publication) to file claims against the estate. The personal representative must also serve a copy of the notice on known or reasonably ascertainable creditors.

Paying Debts and Expenses

The personal representative must pay the valid debts and expenses of the estate in the order of priority established by F.S. § 733.707. This includes costs of administration, funeral expenses, debts and taxes with preference under federal law, medical expenses of the last 60 days of illness, family allowance, and all other claims.

Filing Tax Returns

The personal representative is responsible for filing the decedent's final income tax return and any required estate tax returns. Although most estates are not subject to federal estate tax (the current exemption is well above $10 million), the personal representative must still determine whether any tax obligations exist and satisfy them.

Providing Accountings

The personal representative must keep accurate records of all estate transactions and provide accountings to interested persons. Under F.S. § 733.5036, any interested person may compel the personal representative to file an accounting with the court.

Distributing Assets to Heirs

In an intestate estate, assets are distributed to the decedent's heirs according to Florida's intestacy statutes, F.S. § 732.101–732.111. The order of distribution is:

Surviving spouse with no descendants – The surviving spouse receives the entire estate.
Surviving spouse with descendants (all of whom are also descendants of the surviving spouse) – The surviving spouse receives the first $60,000 plus one-half of the remaining estate. Descendants receive the other half.
Surviving spouse with descendants who are not also descendants of the surviving spouse – The surviving spouse receives one-half of the estate. Descendants receive the other half.
No surviving spouse – The estate passes to the decedent's descendants per stirpes.
No surviving spouse and no descendants – The estate passes to the decedent's parents, then to the decedent's siblings and their descendants, and so on through more remote relatives as specified in the statute.

The personal representative must distribute the estate as promptly as is consistent with the best interests of the estate, as required by F.S. § 733.901.

Powers and Limitations of the Administrator

The personal representative of an intestate estate has the powers enumerated in F.S. § 733.612, which include the power to sell, lease, or exchange real and personal property; to invest estate funds; to borrow money; to compromise claims; and to perform other acts necessary for the proper administration of the estate.

However, because there is no will to grant additional powers or waive certain restrictions, the personal representative of an intestate estate may face additional limitations compared to a personal representative serving under a will. For example:

The personal representative may not have the power to operate the decedent's business without court approval
The bond requirement may not be waived (as discussed above)
The court may exercise greater oversight over the administration
The personal representative cannot change the order of distribution established by the intestacy statutes

As with any personal representative, the administrator of an intestate estate is subject to the limitations described on our page about what an executor cannot do in Florida, including the prohibition on self-dealing, commingling of funds, and other forms of misconduct.

Removal of an Administrator

If the personal representative of an intestate estate fails to perform their duties or engages in misconduct, interested persons may petition the court for their removal under F.S. § 733.504. The grounds for removal are the same as for any personal representative and include breach of fiduciary duty, mismanagement, failure to perform duties, and conduct demonstrating unfitness to serve.

Summary Administration as an Alternative

For smaller intestate estates, Florida offers an alternative to formal administration called summary administration. Under F.S. § 735.201, summary administration is available when the value of the entire estate subject to administration (less property exempt from creditors' claims) does not exceed $75,000, or when the decedent has been dead for more than two years. Summary administration is a simplified process that does not require the appointment of a personal representative, making it faster and less expensive than formal administration.

Contact a Florida Estate Administration Attorney

At the Law Offices of Albert Goodwin, PA, we guide families through every step of the intestate estate administration process in Florida. Whether you need to be appointed as personal representative, have questions about your duties and powers, or need to challenge the appointment of an unsuitable administrator, we are here to help.

Call us at 786-522-1411 or email us at [email protected] to schedule a consultation. Navigating intestate estate administration can be complex—contact us today so we can help you protect your rights and fulfill your responsibilities.