A personal representative in Florida is the court-appointed fiduciary responsible for settling a deceased person’s estate—gathering assets, paying valid debts and taxes, and distributing what remains to the rightful beneficiaries. Under Florida Statute 733.602, that person must observe the same standards of care the law imposes on a trustee, and must administer the estate as expeditiously and efficiently as the best interests of the estate allow. In plainer terms: the personal representative owes loyalty and care to the estate and its beneficiaries, not to himself or herself.
Florida uses the term “personal representative” rather than “executor” or “administrator,” but the job is the same one those older words describe. After more than a few years handling contested estates here in Palm Beach County, I can tell you the role is far more demanding than most people expect when they’re named in a will. What follows is a working explanation of what the position actually requires—and where it tends to go wrong, particularly when an estate follows on the heels of a guardianship.
Who Can Serve as a Personal Representative in Florida
Not everyone named in a will is eligible to serve. Florida sets specific qualifications, and the court will not issue Letters of Administration to someone who fails them.
Under Section 733.302, an individual who is a Florida resident, at least 18 years old, and mentally and physically capable may serve. Section 733.303 disqualifies anyone convicted of a felony and anyone unable to perform the duties of the office. Out-of-state individuals face an additional hurdle: under Section 733.304, a nonresident may only serve if related to the decedent by blood, adoption, or marriage within the categories the statute lists—a spouse, child, parent, sibling, or certain other close relatives, or the spouse of such a person.
This catches families off guard constantly. A son living in Atlanta can serve for his Florida mother because he’s a lineal descendant; the decedent’s best friend from up north cannot, no matter how clearly the will names her. Banks and trust companies authorized to do business in Florida may also serve, which is often the cleaner choice when family tension runs high.
The Core Fiduciary Duty Under Florida Law
Everything a personal representative does flows from one principle: it is a fiduciary office. Section 733.609 makes the duty explicit—a personal representative’s fiduciary obligation is the same as that of a trustee of an express trust, and the representative is personally liable to interested persons for damage or loss resulting from a breach.
That liability is not theoretical. If a personal representative self-deals, favors one beneficiary over others without authority, lets estate property deteriorate, or simply sits on the administration for years, an interested person can sue. When the court finds a breach, Section 733.609 directs it to award taxable costs, including attorney’s fees, as in chancery actions. I’ve watched personal representatives who treated the role casually end up writing personal checks to cover losses they caused.
The practical translation of the fiduciary standard comes down to a handful of recurring obligations:
- Loyalty. Act for the benefit of the estate and its beneficiaries, never for personal gain.
- Impartiality. Treat beneficiaries even-handedly; don’t quietly prefer the relative who happens to be running the show.
- Prudence. Manage, insure, and preserve estate assets the way a careful professional would.
- Segregation. Keep estate funds in a separate estate account—never commingle them with your own money.
- Transparency. Keep records and account to beneficiaries when the law or the court requires it.
Step-by-Step: What a Florida Personal Representative Must Do
The duties unfold in a roughly fixed sequence, each with its own deadline. Missing them is one of the most common ways an administration drifts into conflict.
- Get appointed. Petition the circuit court in the county where the decedent lived, prove the will (if any), and obtain Letters of Administration. Until those Letters issue, you have no legal authority to act—signing contracts or moving money beforehand is a frequent and serious mistake.
- Secure and identify the assets. Take control of bank accounts, real property, vehicles, business interests, and personal effects. Change locks if needed, maintain insurance, and stop the bleeding on anything losing value.
- File the inventory. Florida Probate Rule 5.340 requires the personal representative to file a verified inventory listing the estate’s assets and their estimated fair-market value as of the date of death—generally within 60 days after Letters issue—and to serve it on interested persons who request it.
- Notify and pay creditors. Publish a Notice to Creditors and serve known or reasonably ascertainable creditors directly. Under Section 733.2121, the notice triggers the claim period; under Section 733.702, served creditors generally have 30 days and the publication bar runs three months from first publication, with an outside limit of two years from death under Section 733.710.
- Handle taxes. File the decedent’s final personal income tax return and, where applicable, fiduciary income tax returns for the estate. Florida imposes no state estate or inheritance tax, but federal estate tax can apply to larger estates.
- Resolve claims and disputes. Pay valid claims, object to questionable ones within the statutory window, and litigate where necessary. This is where contested estates burn time and money.
- Distribute and close. Once debts, taxes, and expenses are satisfied, distribute the remaining assets per the will or the intestacy statute, obtain beneficiary receipts, file a final accounting, and petition for discharge under Section 733.901. Discharge is what finally releases the personal representative from liability.
For a fuller walk-through of how this process plays out, our Florida probate overview breaks down each phase. Morgan Legal’s Florida team also explains the mechanics on its .
Where Guardianship-to-Probate Transitions Get Complicated
Many of the estates we handle in West Palm Beach don’t start cold at death. They follow a guardianship—a period, sometimes years long, during which a guardian managed the affairs of an incapacitated person under Chapter 744. When that person dies, the matter shifts from guardianship to probate, and the handoff is rarely seamless.
The first friction point is the guardian’s final accounting. A guardian of the property must, upon the ward’s death, file a final report accounting for everything done during the guardianship. The newly appointed personal representative is one of the parties entitled to review and, if warranted, object to that accounting. If the guardian and the personal representative are different people—and they often are when the family fought over the guardianship—you have a built-in adversarial relationship from day one.
The second point is asset overlap. Property the guardian was managing becomes estate property, but only after the guardianship is properly closed and the assets are turned over. A personal representative who starts distributing before that transfer is complete can run straight into a breach claim. These are precisely the contested transitions described in —the same pressure points surface whether the estate is in Florida or New York.
The third, and often ugliest, point is suspicion carried over from the guardianship. If family members already believe the prior guardian mismanaged money, the personal representative inherits that scrutiny. Every disbursement gets second-guessed. This is exactly why meticulous record-keeping isn’t optional in these cases—it’s the personal representative’s best defense.
Compensation, Costs, and Personal Liability
A personal representative is entitled to reasonable compensation. Section 733.617 sets a presumptively reasonable commission based on a percentage of the value of the estate assets and the income the estate earns—graduated, so smaller estates pay a higher percentage and larger ones less. Extraordinary services, such as managing litigation, selling real property, or running a business, can justify additional fees.
But compensation comes with exposure. The personal representative can be surcharged—made to repay the estate—for losses caused by mismanagement, and can lose the right to fees entirely for serious misconduct. Attorneys who represent the estate are also compensated from estate assets, and in contested matters those fees can be substantial. A clear-eyed personal representative budgets for professional help rather than trying to navigate the probate code alone.
When to Bring in a Probate Attorney
In nearly all formal Florida probate administrations, the personal representative must be represented by a Florida-licensed attorney—it’s required by Probate Rule 5.030, with narrow exceptions for very small estates and sole-interested-party situations. Beyond the requirement, counsel matters most when the estate is contested, when real property or a business is involved, when creditor claims are disputed, or when a guardianship transition is in the picture.
If you’ve been named in a Florida will, or you’re a beneficiary worried that the person administering an estate isn’t meeting these obligations, the difference between a smooth administration and a multi-year fight often comes down to early, competent advice. You can reach our office to discuss your situation, or review how estate planning choices shape this process on our wills page. For estates that cross state lines, Morgan Legal’s coordinates with our Florida practice so nothing falls between jurisdictions.
The personal representative’s job is one of trust in the most literal sense. Done carefully, it honors the decedent’s wishes and protects the people they left behind. Done carelessly, it exposes the representative to personal liability and the estate to years of litigation. The statutes give you the map—the discipline to follow it is on you.
Frequently Asked Questions
How long does a personal representative have to settle an estate in Florida?
There is no fixed statutory finish line, but Section 733.602 requires the personal representative to administer the estate as expeditiously and efficiently as the estate’s best interests allow. A straightforward formal administration typically takes six months to a year, largely because the creditor claim period runs three months from the first publication of the Notice to Creditors. Contested estates, tax complications, or litigation can extend it well beyond a year.
Can a personal representative be held personally liable in Florida?
Yes. Under Section 733.609, a personal representative owes the same fiduciary duty as a trustee and is personally liable to interested persons for damage or loss resulting from a breach—such as self-dealing, mismanaging assets, or improper distributions. The court can surcharge the representative, order repayment, and award attorney’s fees and costs against them.
Does a Florida personal representative have to live in Florida?
Not necessarily. A Florida resident who is at least 18 and capable can serve. A nonresident can serve only if related to the decedent by blood, adoption, or marriage within the categories listed in Section 733.304—generally a spouse, child, parent, sibling, or other close relative. An unrelated out-of-state friend cannot qualify, even if named in the will.
What happens to a guardianship when the ward dies and probate begins?
The guardianship doesn’t automatically end the open issues. The guardian of the property must file a final accounting covering the guardianship period, and the newly appointed personal representative is entitled to review and, if warranted, object to it. Estate assets are formally turned over only after the guardianship is properly closed, so the personal representative should not distribute property until that transition is complete.
Is an attorney required for the personal representative in Florida probate?
In most formal administrations, yes. Florida Probate Rule 5.030 requires the personal representative to be represented by a Florida-licensed attorney, with narrow exceptions for certain small estates and cases where the representative is the sole interested party. Given the fiduciary liability involved, legal counsel is strongly advisable even where it isn’t strictly mandatory.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .