In most states, the person who carries out a will is called the "executor." In Florida, the legal term is personal representative. Whatever the name, this is the person you trust to settle your affairs — and choosing the right one, who actually qualifies under Florida law, is one of the most consequential decisions in your estate plan.
What Does a Florida Personal Representative Do?
The personal representative is a fiduciary (F.S. § 733.602) — legally bound to act in the best interests of the estate and its beneficiaries. The core duties:
- Open the estate by filing the will and a petition for administration with the circuit court in the county where the decedent lived.
- Identify, secure, and value the estate's assets.
- Give notice to creditors and publish notice, then evaluate and pay valid claims.
- Pay debts, taxes, and expenses of administration in the order Florida law requires.
- File required documents — inventory, accountings, and tax returns.
- Distribute the remaining assets to beneficiaries and close the estate.
Who Can Serve as Personal Representative in Florida?
Florida is stricter than most states about who is eligible. Under F.S. § 733.302, an individual may serve if they are:
- At least 18 years old;
- Mentally and physically able to perform the duties; and
- Not convicted of a felony.
Who Cannot Serve
| Person | Eligible in Florida? |
|---|---|
| Florida resident, 18+, no felony | Yes |
| Out-of-state spouse or child | Yes — close relative exception |
| Out-of-state close friend | No |
| Anyone convicted of a felony | No |
| A minor (under 18) | No |
| A person mentally or physically unable | No |
| A Florida bank or trust company | Yes — if authorized to act as fiduciary |
How Are Personal Representatives Paid?
Florida sets a presumptively reasonable commission by statute. Under F.S. § 733.617, the personal representative is generally entitled to a fee based on the value of the estate — commonly about 3% on the first $1 million, with the percentage stepping down at higher values — plus additional compensation for extraordinary services such as selling real estate or handling litigation. A family member serving as personal representative often waives the fee, since any fee they take is taxable income while an inheritance generally is not.
How to Choose the Right Person
Beyond legal eligibility, look for someone who is organized, trustworthy, financially responsible, and willing to serve. Consider naming at least one successor in case your first choice cannot act. For larger or contentious estates, a professional fiduciary or a Florida trust company can be the wiser choice than a family member. Always confirm your nominee meets the Florida residency rule before naming them.
Frequently Asked Questions
Related Reading
- How Long Does Probate Take in Florida? — the process your personal representative manages.
- Florida Probate Cost & How to Avoid It — the statutory fees involved.
- How to Make a Will in Florida — where you name your personal representative.
- Florida Trust Administration — the successor-trustee alternative.
Name the Right Person to Settle Your Estate
Cornerstone helps you choose and properly name a personal representative who qualifies under Florida law — reviewed by Arthur Simpson, Esq. Start online, statewide across Florida.
Start Your Florida Plan →This article is for general informational purposes and does not constitute legal advice. Estate planning is highly fact-specific. Consult a licensed Florida estate planning attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.