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EstateDraftFL

Choosing a personal representative (executor) in Florida

In Florida, the person who carries out your will is called the personal representative (most other states say "executor"). They gather your assets, pay debts and taxes, and distribute what is left. Florida also has specific rules about who is legally allowed to serve.

Last updated June 27, 2026

Probate · 6 min read

What a Florida personal representative does

The personal representative is appointed by the court, then inventories assets, publishes a notice to creditors, pays valid claims and any taxes, and distributes the remainder to your beneficiaries. It is an administrative job that can take months and carries legal responsibility.

Who is qualified to serve in Florida

Florida limits who may serve (§733.302–.304). An individual must generally be 18 or older, mentally and physically able, and not a convicted felon. Importantly, a non-resident can serve only if they are a close relative — such as a spouse, child, parent, sibling, or certain other relatives (or their spouse). A friend who lives out of state generally cannot serve as your Florida personal representative.

Qualities to look for

Look for someone organized, trustworthy, and level-headed under stress — not necessarily your oldest child by default. The job rewards diligence and fairness more than financial expertise; a personal representative can hire professionals for the technical parts.

Name an alternate — and ask first

Always name a backup in case your first choice cannot serve or is not qualified under Florida law. And talk to the people you choose: serving is a real commitment, and no one should learn they have the job by surprise. EstateDraftFL’s Florida will lets you name a personal representative and an alternate.

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General information about Florida law, not legal advice, and not a substitute for advice from a licensed Florida attorney about your specific facts. EstateDraftFL is software, not a law firm.

Frequently asked questions

Can my personal representative live outside Florida?

Only if they are a close relative. Under Florida law a non-resident can serve as personal representative only if they are a spouse, child, parent, sibling, or other close relative (or the spouse of one). A non-relative who lives out of state generally cannot serve.

Can a beneficiary be the personal representative in Florida?

Yes. It is common for a spouse or adult child to be both a beneficiary and the personal representative.

General information about Florida law, not legal advice.