What Is an Executor in Florida?

An executor is the person named in a will to carry out the decedent's final wishes and manage the estate through the probate process. In Florida, the legal term for this role is personal representative — not executor or executrix. Regardless of what the will calls the position, Florida courts and statutes use "personal representative" exclusively. The Law Offices of Albert Goodwin, PA helps personal representatives throughout South Florida understand and fulfill their legal obligations.

Executor vs. Personal Representative: Florida Terminology

Many people use the word "executor" because it is familiar from common usage and other states' laws. Florida replaced the terms "executor" and "administrator" with the single term "personal representative" under the Florida Probate Code. Whether the person is named in a will (traditionally called an executor) or appointed by the court when there is no will (traditionally called an administrator), Florida law refers to them as the personal representative. The role and responsibilities are the same regardless of the terminology used.

Who Can Serve as a Personal Representative in Florida?

Florida imposes specific eligibility requirements on who may serve as a personal representative. These are found in Florida Statutes Sections 733.302 through 733.304:

Individuals

An individual may serve as personal representative if they meet the following requirements:

• Age. The person must be at least 18 years old.
• Mental capacity. The person must be mentally and physically able to perform the duties of the role.
• No felony conviction. Under Florida Statutes Section 733.303, a person who has been convicted of a felony is not qualified to serve as personal representative.
• Florida residency or family relationship. This is one of the most important and commonly misunderstood requirements. Under Florida Statutes Section 733.304, a person who is not a Florida resident may serve as personal representative only if they are a legally adopted child or adoptive parent of the decedent, related by lineal consanguinity (a direct ancestor or descendant) to the decedent, a spouse, sibling, uncle, aunt, nephew, or niece of the decedent, or the spouse of one of these relatives. A close friend or trusted advisor who lives outside of Florida generally cannot serve unless they fall within one of these categories.

Corporate Personal Representatives

A bank or trust company incorporated in Florida, or a bank or trust company incorporated under the laws of the United States that has a trust office in Florida, may also serve as personal representative. Corporate fiduciaries are commonly used for large or complex estates where professional management is preferred.

How Is a Personal Representative Appointed?

The appointment process depends on whether the decedent left a will:

When There Is a Will

If the decedent's will names a personal representative and that person is qualified under Florida law, the court will generally appoint them. The nominated person files a petition for administration with the circuit court, along with the original will. Once the court is satisfied that the will is valid and the nominee is qualified, it issues Letters of Administration, which give the personal representative legal authority to act on behalf of the estate.

When There Is No Will

If the decedent died intestate (without a will), the court appoints a personal representative according to a statutory preference order set out in Florida Statutes Section 733.301. The surviving spouse has first priority, followed by the person selected by a majority in interest of the heirs. If no suitable person is available or willing, the court may appoint a qualified individual or a corporate fiduciary.

Duties of a Personal Representative in Florida

The personal representative is a fiduciary and must act in the best interests of the estate and its beneficiaries. Their duties include:

Marshaling and Protecting Assets

The personal representative must identify, locate, and take control of all probate assets. This includes securing real property, notifying financial institutions, collecting debts owed to the decedent, and ensuring that property is adequately insured and maintained.

Providing Notice

The personal representative must serve a Notice of Administration on all known beneficiaries and heirs, informing them of the probate proceeding and their right to challenge the will or the appointment. A Notice to Creditors must be published in a local newspaper, and direct written notice must be sent to known or reasonably ascertainable creditors.

Filing an Inventory

Within 60 days of appointment, the personal representative must file an inventory of the estate's assets with the court, including the fair market value of each asset as of the date of death.

Managing the Estate

During administration, the personal representative manages estate property with the care a prudent person would use in managing their own affairs. This includes making investment decisions, paying ongoing expenses, and maintaining real property. The personal representative may need court approval for certain actions, such as selling real estate.

Paying Debts and Taxes

The personal representative evaluates creditor claims and pays valid debts from estate funds. They must also file the decedent's final income tax return and, if applicable, a federal estate tax return. Florida does not impose a state estate tax.

Distributing Assets

After all debts, taxes, and administrative expenses are paid, the personal representative distributes the remaining assets to the beneficiaries as directed by the will or Florida's intestacy laws.

Filing Accountings and Closing the Estate

The personal representative must provide a full accounting of all receipts, disbursements, and distributions. Beneficiaries have the right to review and object to the accounting. Once the accounting is approved and all distributions are made, the personal representative petitions the court for discharge, formally closing the estate.

Compensation for Personal Representatives in Florida

Florida law entitles the personal representative to reasonable compensation for their services. Florida Statutes Section 733.617 establishes a fee schedule that the court presumes to be reasonable:

• 3% of the first $1 million of the compensable value of the estate
• 2.5% of the value between $1 million and $5 million
• 2% of the value between $5 million and $10 million
• 1.5% of the value above $10 million

Additional compensation may be awarded for extraordinary services, such as managing ongoing litigation, handling complex tax issues, or operating the decedent's business during administration. The personal representative may also be reimbursed for reasonable expenses incurred in performing their duties.

Removal of a Personal Representative

A personal representative can be removed by the court for cause, including failure to perform duties, breach of fiduciary duty, mismanagement of estate assets, conflicts of interest, or incapacity. Beneficiaries, heirs, or creditors may petition the court for removal under Florida Statutes Section 733.504. If removed, the court will appoint a successor personal representative to complete the administration.

Can a Personal Representative Also Be a Beneficiary?

Yes. In fact, it is very common for the personal representative to also be a beneficiary of the estate — for example, a surviving spouse or adult child. Florida law does not prohibit this dual role. However, the personal representative must still fulfill all fiduciary duties impartially and in accordance with the will's terms, even when their own interests as a beneficiary are involved.

Contact a Florida Probate Attorney

Serving as a personal representative is a significant legal responsibility. If you have been named as the personal representative in a loved one's will, or if you need to petition the court for appointment, the Law Offices of Albert Goodwin, PA can guide you through every step of the probate process. We also represent beneficiaries who have concerns about how an estate is being managed. Call us at 786-522-1411 or email [email protected] to schedule a consultation at our Coral Gables office.