I Was Named Executor (Personal Representative) in Miami — What Do I Do First?

If you have just learned that a will names you as executor — or if you are the closest family member of someone who died without a will — you are facing a job most people take on only once or twice in a lifetime. This page is the practical starting point: what the role actually is, the first concrete steps to take in Miami-Dade County, and where to find deeper guidance on the specific problems that come up later. The Law Offices of Albert Goodwin, PA represents personal representatives (and beneficiaries) in the Miami-Dade Probate Division every week, and this guide reflects how the process actually runs here, not just what the statute books say.

This article is written for general information and is not legal advice. Probate is fact-specific; consult a Florida probate attorney about your situation.

First, the One Thing to Know: "Executor" Means "Personal Representative" in Florida

Florida abolished the words "executor," "executrix," and "administrator." The single legal term is personal representative (Fla. Stat. ch. 733). The will may say "executor," your relatives may say "executor," but every Miami-Dade court order, oath, and set of Letters will say personal representative. If you want the deeper comparison of how a will-named role differs from a court-appointed one, see executor vs. administrator and administrator of an estate.

Are You Even Eligible to Serve?

Before you do anything, confirm you qualify under Fla. Stat. §§ 733.302–733.304. You must be at least 18, mentally and physically capable, and not convicted of a felony. The requirement that trips up the most Miami families is residency: a non-Florida resident may serve only if related to the decedent by blood or marriage in one of the categories listed in § 733.304 (spouse, child, parent, sibling, niece/nephew, aunt/uncle, or the spouse of such a relative). A close friend, business partner, or accountant who lives in another state generally cannot serve in Florida, even if the will names them. If the named person is out of state and unrelated, the estate will need a qualified successor — a common reason families call us early.

Your First Five Steps as a Miami Personal Representative

1. Locate and secure the original will. Under Fla. Stat. § 732.901, whoever has custody of the original will must deposit it with the Clerk of the Circuit Court within 10 days of learning of the death. In Miami-Dade, the original is deposited with the Clerk and the probate file is opened in the Probate Division at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, downtown Miami.
2. Secure the assets. Lock up real property, change the locks if needed, confirm homeowner's insurance stays active, and stop recurring payments that should end. Do not distribute or sell anything yet — you have no authority until the court issues Letters.
3. Figure out which kind of probate applies. This decision drives everything else (see the Miami-Dade section below).
4. Retain a probate attorney. In Florida, a personal representative in a formal administration is required to be represented by an attorney unless the PR is the sole interested person (Fla. Prob. R. 5.030). This is not optional in most Miami-Dade estates.
5. File the petition for administration. Your attorney files through the Florida Courts E-Filing Portal; the court reviews, and once satisfied the will is valid and you qualify, it issues your Letters of Administration — the document that finally gives you legal power to act.

Miami-Dade Probate Division: What's Different Here

Probate is governed by statewide statutes, but how it runs is local. A few things specific to practicing in Miami-Dade:

• Where it's filed. Miami-Dade probate matters are handled by the Probate Division of the Eleventh Judicial Circuit. Filings go through the statewide E-Filing Portal (myflcourtaccess.com); paper walk-ins are largely a thing of the past.
• Summary vs. formal administration. Florida offers a streamlined summary administration when the non-exempt estate is worth $75,000 or less, or the decedent has been dead more than two years (Fla. Stat. § 735.201). Summary administration does not appoint a personal representative at all — there is no PR, no Letters, and no ongoing fiduciary role. If you are over those thresholds, you are in formal administration, where a PR is appointed. Knowing which track you are on is the first real legal question, and it determines whether the rest of this page even applies to you.
• Local timelines. Once Letters issue, statutory deadlines start running: an inventory is due within 60 days (Fla. Prob. R. 5.340), and the creditor claim period generally runs three months from first publication of the Notice to Creditors (Fla. Stat. § 733.701–733.702). Even an uncontested Miami-Dade formal administration commonly takes six months to a year; contested matters take longer. See how long probate takes for the full picture.
• Homestead. Miami real estate often qualifies as protected homestead, which passes outside the probate estate and follows special constitutional rules. This is one of the most litigated issues in South Florida estates and is easy to mishandle.

What the Job Actually Involves (and Where to Read More)

Once appointed, you are a fiduciary — legally bound to act in the estate's and beneficiaries' best interests, not your own. Your core responsibilities are to marshal and protect assets, give proper notice to beneficiaries and creditors, file an inventory, evaluate and pay valid debts and taxes, and ultimately distribute what remains. Rather than restate the details of each task (and the many ways they can go wrong), we maintain dedicated pages for the questions personal representatives ask most:

• Getting paid: Florida sets a presumptively reasonable fee schedule under Fla. Stat. § 733.617. See executor compensation in Florida.
• Selling real estate: Whether and how a PR can sell estate property depends on the will and court authority. See can an executor sell property and selling a house during probate.
• Accountings: You must account for every dollar in and out. See executor accounting and estate accounting.
• Being removed or challenged: A PR can be removed for cause under Fla. Stat. § 733.504. See executor removal and breach of fiduciary duty.
• If there's no will: See intestate succession in Florida and letters of administration.
• Two people in charge: See co-executors.

A Note From Our Practice

One pattern we see repeatedly in Miami: a person named in a parent's will assumes they can immediately access the parent's bank account, sell the house, or pay a sibling their share. They cannot. In a recent matter (details anonymized), a client came to us after a bank refused to release funds even though she had the will in hand — because no court had issued Letters yet. The fix was straightforward but time-sensitive: open the formal administration, get appointed, and obtain certified Letters that the bank would honor. The lesson is the one we give every new personal representative: your authority begins with the court's order, not the will. Acting before that — selling, distributing, or commingling funds — is where personal liability starts.

Frequently Asked Questions

Can an out-of-state child serve as personal representative of a Florida estate?

Yes. While Florida bars most non-residents from serving, a decedent's children, parents, spouse, siblings, and certain other blood relatives may serve regardless of where they live (Fla. Stat. § 733.304). An out-of-state child of the decedent qualifies on the residency point, though they must still meet the age, capacity, and no-felony requirements.

What happens if no one is willing or able to serve?

If the person named in the will declines, is unqualified, or cannot be found, Florida applies a statutory order of preference (Fla. Stat. § 733.301). If no qualified individual will serve, the court can appoint a qualified successor nominated by the beneficiaries, or a corporate fiduciary such as a Florida bank or trust company. The estate does not simply close itself — someone must be appointed to administer it.

Do I need a lawyer to serve as personal representative in Miami-Dade?

In most cases, yes. Florida Probate Rule 5.030 requires a personal representative in a formal administration to be represented by an attorney, unless the PR is the only interested person or is themselves a Florida-licensed lawyer. The Miami-Dade Probate Division enforces this.

Can I be both the personal representative and a beneficiary?

Yes, and it is very common — a surviving spouse or adult child often serves while also inheriting. Florida law permits the dual role, but it raises the stakes on your fiduciary duty: you must treat all beneficiaries impartially even when your own share is affected.

How long do I have to deposit the will after a death?

Under Fla. Stat. § 732.901, the custodian of the original will must deposit it with the Clerk of Court in the county where the decedent lived within 10 days of learning of the death — in Miami-Dade, with the Eleventh Circuit Clerk.

Talk to a Miami Probate Attorney

If you have been named in a will, need to be appointed when there is no will, or simply want to understand what you are about to take on, attorney Albert Goodwin and the Law Offices of Albert Goodwin, PA handle probate administration before the Miami-Dade Probate Division. We help personal representatives get appointed correctly, meet every deadline, and avoid the personal-liability traps that catch first-time fiduciaries — and we also represent beneficiaries who have concerns about how an estate is being run. Call 786-522-1411 or email [email protected] to schedule a consultation at our Coral Gables office.

Reviewed by Albert Goodwin, Esq., attorney admitted in Florida and New York. Last reviewed: June 2024.