A personal representative in Florida is the person the probate court appoints to settle a decedent’s estate: Florida’s term for what other states call an executor or administrator. The job, in order, is to qualify and receive letters of administration, give the required notices, take control of and inventory the estate’s property, pay valid claims and taxes in the order the statute sets, account to the beneficiaries, distribute what remains, and ask the court for a discharge. Every step runs under a fiduciary standard. Section 733.602(1) of the Florida Statutes puts it plainly: “A personal representative is a fiduciary who shall observe the standards of care applicable to trustees.”
This guide follows those duties in the order a new personal representative meets them, including the changes Chapter 2026-57, Laws of Florida, made on July 1, 2026.
Key Takeaways
- A will’s nominee has first preference to serve. Without a will, the surviving spouse comes first, then the person a majority in interest of the heirs selects, then the heir nearest in degree, under §733.301.
- A felony conviction, a conviction for abuse, neglect, or exploitation of an elderly person or disabled adult, being under 18, or being unable to do the job disqualifies a person under §733.303. Nonresidents may serve only if they fall within the family relationships in §733.304.
- Letters issue only after the oath, the address and resident agent designations, and any bond the court requires are filed, under Fla. Prob. R. 5.235 and 5.110.
- The inventory is due within 60 days after letters (Rule 5.340), creditors generally have 3 months after first publication of the notice to creditors (§733.702), and the final accounting and petition for discharge are due within 12 months after letters in an estate that files no federal estate tax return (Rule 5.400(c)).
- Since July 1, 2026, §733.612(28) lets a personal representative bring a proceeding to enforce his or her authority, and new §733.6125 requires the court to award a prevailing personal representative taxable costs, including attorney fees.
When Florida Appoints a Personal Representative
Not every estate needs one. A personal representative is appointed in formal administration under chapter 733. Summary administration appoints no one: the court enters a single distribution order under §735.206. Under §735.201(2), summary administration is available when the Florida estate, less property exempt from creditors’ claims, “does not exceed $150,000 or that the decedent has been dead for more than 2 years.” The ceiling was $75,000 until July 1, 2026.
Formal administration fits when someone needs authority to investigate: unknown accounts, suspected creditors, real property to sell, or relatives who disagree. It can also change course later, because under §735.2055 a petition for summary administration “may be filed at any stage of the administration of an estate if it appears that at the time of filing the estate would qualify.” See our Florida summary administration guide for that route.
Who Can Serve, and in What Order
Under §733.302, any person who is sui juris, meaning legally competent, and a Florida resident at the decedent’s death is qualified, subject to the disqualifications below. Florida banks and trust companies with fiduciary powers may also serve under §733.305. When more than one qualified person applies, §733.301(1) sets the order of preference.
| Priority | Estate with a will (testate) | Estate without a will (intestate) |
|---|---|---|
| First | The personal representative nominated by the will, or a successor, or a person chosen under a power the will confers | The surviving spouse |
| Second | The person selected by a majority in interest of the persons entitled to the estate | The person selected by a majority in interest of the heirs |
| Third | A devisee under the will; if more than one applies, the court may select the best qualified | The heir nearest in degree; if more than one applies, the court may select the best qualified |
| If no one listed applies | The court appoints a capable person, but not someone who works for the court or for a judge exercising probate jurisdiction, §733.301(3) | |
Florida courts give the will’s choice real weight. In Werner v. Estate of McCloskey, 943 So. 2d 1007 (Fla. 1st DCA 2006), the court reversed an order that passed over the named personal representative because of an unspecified “conflict of interest,” repeating the principle that “a testator has the right to name the person who shall administer his estate provided such person is not disqualified by law.” The Fourth District in Schleider v. Estate of Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000) held that only in exceptional circumstances may a court refuse to appoint the person the will names.
In intestate estates the court has more discretion, but not unlimited discretion. In DeVaughn v. DeVaughn, 840 So. 2d 1128 (Fla. 5th DCA 2003), the trial court appointed the uncle who had raised the decedent instead of the decedent’s mother, who had statutory preference. The appellate court reversed, holding that when there is no evidence the preferred person is unfit, the court is “not at liberty to ignore the statutory directive in order to appoint a person whom the court deems more morally worthy.”
Preference also shapes notice. A petitioner without preference must serve formal notice on everyone with equal or greater preference unless they waive it in writing, under Fla. Prob. R. 5.201(b), and §733.301(4) allows letters to be revoked if a preferred person who received no formal notice later seeks appointment.
Who Is Disqualified, and the Nonresident Rule
Preference means nothing if the person is not qualified. Under §733.303(1), a person is not qualified if he or she has been convicted of a felony; has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult; is mentally or physically unable to perform the duties; or is under 18. A felony conviction disqualifies even the person the will names, and §733.303(2) then sends the appointment back to the preference list.
Residency is the other common barrier. Section 733.304 allows a person not domiciled in Florida to serve only if the person is an adopted child or adoptive parent of the decedent; related to the decedent by lineal consanguinity; a spouse, brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any of them; or the spouse of a person who qualifies. That last clause about lineal relatives of aunts and uncles reaches further than many families expect: a first cousin is the child of an aunt or uncle, so an out-of-state cousin can qualify. An out-of-state friend, business partner, or unmarried partner cannot.
Qualification is a continuing duty. Under §733.3101, a personal representative who was not qualified when appointed must resign immediately, and one who later becomes unqualified must promptly file and serve a notice giving the reasons, or risk personal liability for the costs of a removal proceeding.
Qualifying: Oath, Resident Agent, Bond, and Letters
Being named in a will does not give anyone authority. Authority comes from letters of administration, the court document that proves the appointment to banks and title companies. Under Fla. Prob. R. 5.235, the court appoints the person entitled and qualified, sets any bond, and letters issue once the oath and resident agent filings are made. Until then, no one can act for the estate.
Rule 5.320 requires the prospective personal representative to “file an oath to faithfully administer the estate of the decedent,” and an individual’s oath confirms that he or she is qualified and will report any disqualifying event. Rule 5.110 requires address designations and a resident agent for service of process, unless the personal representative is a Florida-resident lawyer with a Florida office or a corporate fiduciary with a Florida office. The agent must live in the county where the case is pending unless the agent is a Florida lawyer.
| Filing | What it does | Source |
|---|---|---|
| Petition for administration | Asks the court to open the estate and appoint the petitioner; must state the petitioner’s priority under §733.301 and whether anyone has equal or higher preference | Rules 5.200, 5.201 |
| Oath of personal representative | Promise to faithfully administer the estate; confirms qualification and the duty to report a disqualifying event | Rule 5.320 |
| Designation of addresses | Street, mailing, and residence address; changes must be reported within 20 days | Rule 5.110(a) |
| Resident agent designation and acceptance | Names a Florida agent for service of process or notice | Rule 5.110(b) to (d) |
| Bond, if required | Surety bond payable to the Governor, conditioned on performing the duties; the court may waive it | §§733.402, 733.403; Rule 5.235 |
Under §733.402(1), every fiduciary receiving letters must post a surety bond “unless the bond requirement has been waived by the will or by the court,” and §733.402(4) lets the court waive, require, increase, or decrease a bond. Section 733.403 sizes a bond by the estate’s gross value, the personal representative’s relationship to the beneficiaries, the assets, known creditors, and liens.
The Fiduciary Standard Behind Every Duty
Section 733.602(1) holds the personal representative to trustee standards of care, with a duty to settle and distribute the estate “as expeditiously and efficiently as is consistent with the best interests of the estate,” and to use that authority “for the best interests of interested persons, including creditors.” Creditors are among the people the personal representative works for, not only the beneficiaries.
In DeVaughn, the Fifth District said the personal representative “acts in a fiduciary capacity and has obligations to the creditors, the interested taxing authorities” and the heirs. In practice: keep estate money separate from your own, treat every beneficiary evenhandedly, and document every decision, because you may have to explain it in an accounting.
Under §733.609(1), “A personal representative’s fiduciary duty is the same as the fiduciary duty of a trustee of an express trust,” and a breach makes the personal representative liable for the resulting loss, with fees awarded in those actions. Section 733.602(2), in turn, protects acts of administration or distribution that were authorized at the time.
The First 60 Days and the First Year
Once letters issue, several clocks start, and the personal representative sets some of them by sending two notices promptly.
Notice of administration. Under §733.212(1), the personal representative “shall promptly serve a copy of the notice of administration” on the surviving spouse, beneficiaries, certain trustees, and persons who may be entitled to exempt property. Service starts their deadlines: 3 months to object to the will, venue, or jurisdiction; 4 months to claim exempt property; and for a spouse, the earlier of 6 months after service or 2 years after death to take the elective share.
Notice to creditors. Under §733.2121, the notice is published once a week for 2 consecutive weeks in a county newspaper and served on reasonably ascertainable creditors found by diligent search, and on the Agency for Health Care Administration within 3 months if the decedent was 55 or older. Under §733.702(1), most claims are barred unless filed by the later of 3 months after first publication or 30 days after service on a served creditor. Rule 5.241 adds proof of publication within 45 days and a verified creditor-search statement within 4 months.
Inventory. Fla. Prob. R. 5.340(a) requires the inventory “within 60 days after issuance of letters,” with each item’s estimated fair market value at death; apparent protected homestead is listed and designated but not valued. It is served on the spouse and the heirs or residuary beneficiaries, and under §733.604 it is confidential.
Under §733.705, the personal representative may object to a claim within the later of 4 months after first publication or 30 days after it was filed, and “shall pay all claims within 1 year from the date of first publication of notice to creditors,” with extensions for litigated or contingent claims. Our guides to the Florida Probate Rules, Part I and Part II cover each filing.
Taking Possession, the Estate Account, and Records
Section 733.607(1) gives the personal representative the right to possession or control of the decedent’s property, except protected homestead, and the duty to “take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution.” Property may be left with the person presumptively entitled to it unless it is needed for administration. The first weeks usually mean securing the house, keeping insurance in force, collecting mail, and locating accounts.
Letters open doors. Since July 1, 2026, under §655.936(1) a safe-deposit lessor “shall” grant a Florida personal representative access to a box in the decedent’s name on presentation of certified letters. Banks and brokerage firms deal with the personal representative the same way, and may ask for written authorization before discussing accounts with the estate’s attorney.
Open a separate estate account. The probate code does not name one, but the duty to keep estate property apart from your own makes it essential, and it makes the accounting far simpler. The bank will ask for letters and the estate’s taxpayer identification number; the IRS notes that “Before you file an estate income tax return, you need a tax identification number for the estate,” which can be requested online, by fax, or by mail. Never pay personal bills from the account, even temporarily.
Keep every receipt and a note of why each expense was paid. Out-of-pocket costs such as travel to clear out a house, a locksmith, or an insurance premium can generally be reimbursed as expenses of administration, but only with documentation.
Protected Homestead and Exempt Property
Protected homestead, defined in §731.201 as homestead on which the constitutional exemption inures to the owner’s surviving spouse or heirs, is not an asset for paying claims under §733.608(1) and is excluded from possession under §733.607(1). If it is unoccupied, §733.608(2) authorizes, but does not require, the personal representative to preserve and insure it, with a lien for the cost under §733.608(3). Its status is settled by petition under Fla. Prob. R. 5.405.
Exempt property goes to the surviving spouse or, if none, the children, free of most claims. Under §732.402(2), it includes household furniture, furnishings, and appliances up to a net $20,000, two regularly used vehicles, and qualified tuition programs. The right is waived unless a petition under Rule 5.406 is filed by the later of 4 months after service of the notice of administration or 40 days after certain will proceedings end. See what assets are exempt from probate in Florida.
Powers: What You Can Do Without a Court Order
Section 733.603 directs the personal representative to proceed expeditiously and, unless the code or the court says otherwise, without court orders. Section 733.612 lists 28 transactions a personal representative, acting reasonably for the interested persons, may carry out without an order unless the will or the court provides otherwise.
The newest took effect July 1, 2026. Chapter 2026-57 added §733.612(28), authorizing a personal representative to “Institute a proceeding to enforce his or her authority as personal representative as conferred by this code,” and created §733.6125, under which “the court shall award to a prevailing personal representative taxable costs as in chancery actions, including attorney fees.” The court may charge those costs to whoever made the proceeding necessary or to any person with an interest in the estate, so a relative who withholds estate property can bear the cost instead of the estate.
| Action | Court order needed? | Source |
|---|---|---|
| Collect assets, insure property, pay taxes and administration expenses | No | §733.612(3), (13), (16) |
| Hire an attorney, accountant, or appraiser | No | §733.612(19) |
| Sell personal property such as a car or securities | No | §733.612(5), (21) |
| Sell real property when the will gives a power of sale | No | §733.613(2) |
| Sell real property with no power of sale, or in an intestate estate | Yes, title passes only when the court authorizes or confirms the sale | §733.613(1) |
| Continue the decedent’s unincorporated business | No for up to 4 months after appointment; yes after that | §733.612(22) |
| Buy estate property yourself or deal with a related party | Voidable unless the will authorizes it, the court approves it, or interested persons consent after fair disclosure | §733.610 |
| Enforce your authority against someone who resists it | Proceeding authorized; fees to a prevailing personal representative | §§733.612(28), 733.6125 |
Under §733.610, a sale to the personal representative, a spouse, an agent, or the attorney, or any transaction affected by a conflict of interest, “is voidable by any interested person except one who has consented after fair disclosure,” unless the will or a contract of the decedent authorized it or the court approved it after notice. A personal representative who wants to buy the family house should get written consents or an order first. See the personal representative’s right to sell Florida real property.
Paying Claims and Taxes in the Right Order
When an estate cannot pay everyone, §733.707(1) decides who is paid. Each of eight classes is paid in full before the next receives anything; if money runs out within a class, its creditors share ratably under §733.707(2). Paying a lower class first can leave the personal representative answerable for a higher class’s shortfall.
Funeral costs above $6,000 fall to Class 8. A relative who paid the funeral should file a claim, because §733.702(1) lists “no claim for funeral or burial expenses” among claims not binding unless timely filed. Under §733.705(1), the personal representative is not compelled to pay debts until 5 months after first publication. A mortgage or other lien remains enforceable under §733.702(4), and §733.710 bars most other claims 2 years after death.
| Class | What it covers |
|---|---|
| 1 | Costs and expenses of administration, compensation of personal representatives, and their attorney fees |
| 2 | Reasonable funeral, interment, and grave marker expenses, up to $6,000 in total |
| 3 | Debts and taxes with preference under federal law, Medicaid estate recovery claims under §409.9101 and public assistance claims under §414.28, and state claims for unpaid court costs, fees, or fines |
| 4 | Reasonable and necessary medical and hospital expenses of the last 60 days of the last illness |
| 5 | Family allowance |
| 6 | Arrearage from court-ordered child support |
| 7 | Debts from continuing the decedent’s business after death, limited to that business’s assets |
| 8 | All other claims, including judgments, and any excess over the Class 2 and Class 4 amounts |
Taxes. The IRS tells survivors to “file and prepare the final individual income tax return of a deceased person the same way you would if the person were alive,” on Form 1040 or 1040-SR, and to claim any refund with Form 1310. The estate is a separate taxpayer: “If the estate generates more than $600 in annual gross income, you are required to file Form 1041.” Form 56 notifies the IRS of the fiduciary relationship. For a calendar-year estate, Form 1041 is due by April 15 of the following year, and Form 7004 gives an automatic 5-month extension. An estate may also need to pay quarterly estimated taxes. Whether a federal estate tax return is also required changes the closing deadline below, so settle the tax picture with a tax professional before distributing.
Accounting, Distribution, and Discharge
Under Fla. Prob. R. 5.400, a personal representative who has finished everything but distribution files a final accounting and a petition for discharge with a plan of distribution, stating that the estate is fully administered, claims are disposed of, taxes and expenses are paid or provided for, and what compensation was paid to the personal representative, attorneys, and agents. The plan shows prior distributions, what remains, and how it will be divided.
Rule 5.346 requires the accounting to show all cash and property transactions and a closing schedule of assets, stated so a layperson can follow it. Beneficiaries have 30 days to object under Rule 5.401, and an objection is abandoned if no hearing notice is served within 90 days. Interested persons may instead sign written waivers under Rule 5.180.
Under Rule 5.400(c), the final accounting and petition are due within 12 months after letters for an estate that files no federal estate tax return, or within 12 months after the return is due for one that does, unless the court extends the time for cause. Earlier partial distributions are allowed under §733.612(26). Under §733.901, the discharge “shall release the personal representative and shall bar any action against the personal representative, as such or individually, and the surety.”
Personal Representative Compensation
Under §733.617(1), a personal representative is entitled to a commission from estate assets, without a court order, based on compensable value: “the inventory value of the probate estate assets and the income earned by the estate during administration.” Nonprobate assets and protected homestead are not included. With two personal representatives and a compensable value of $100,000 or more, §733.617(5) allows each a full commission; below that, one commission is shared.
| Portion of compensable value | Rate | Example: $400,000 estate | Example: $2,000,000 estate |
|---|---|---|---|
| First $1 million | 3% | $12,000 | $30,000 |
| Over $1 million up to $5 million | 2.5% | None | $25,000 |
| Over $5 million up to $10 million | 2% | None | None |
| Over $10 million | 1.5% | None | None |
| Total commission | $12,000 | $55,000 |
The commission is a Class 1 expense under §733.707(1)(a), paid before claims and before beneficiaries’ shares are figured, and may be renounced in whole or part under §733.617(4). Extraordinary services such as selling real property, litigation, or dealing with protected homestead can earn more under §733.617(3), and the court may adjust the commission under §733.617(7).
The attorney’s fee is separate. Section 733.6171 requires written disclosures, including that “There is not a mandatory statutory attorney fee for estate administration,” and since July 1, 2026, §733.6171(4)(l) adds as an extraordinary service “Involvement in any proceeding to enforce the authority of a personal representative as conferred by this code.” See our guides to attorney and personal representative compensation, Florida probate fees, and flat-fee probate.
Resignation and Removal
A personal representative may resign only with court approval. Under §733.502, the court may accept a resignation after notice if the estate is not jeopardized, but “The acceptance of the resignation shall not exonerate the personal representative or the surety from liability.”
Under §733.504, a personal representative who was not qualified when appointed must be removed, and one may be removed for failing to obey a court order, failing to account or produce assets, wasting or maladministration, failing to give bond, a felony conviction, adverse interests, or leaving Florida when residence was required. A removed personal representative must turn over all assets and records under §733.509. Our guide to common personal representative mistakes covers what tends to lead there. When property needs protection before anyone is appointed, §733.501 lets the court appoint a curator; see Florida curator law.
Why a Florida Lawyer Is Required, and What Stays Your Job
Florida does not let most personal representatives go it alone. Fla. Prob. R. 5.030(a) provides that “Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida.” A personal representative who is a Florida lawyer may represent himself or herself.
The attorney’s role is different from what television suggests. In probate, the attorney does not step into the personal representative’s shoes. The attorney prepares and files the pleadings, tracks the deadlines, advises on the law, and documents what the personal representative does. The personal representative does the administering: signs the oath and the petitions, deals with banks and the tax collector’s office, clears out and sells property, reviews claims, writes and signs the estate’s checks, and answers to the court. It is fair to think of formal administration as at least a part-time job, and a large or contested estate as close to a full-time one.
Two practical notes follow from that division. First, the personal representative chooses the attorney. Section 733.6171(2)(b) requires disclosure that the personal representative “is not required to select the attorney who prepared the will.” Second, an attorney who drafted the will and is named in it as personal representative, or whose relative is named, is not entitled to a personal representative’s commission unless the attorney or the nominee is related to the testator or the testator signed the written acknowledgment §733.617(8) requires for wills signed on or after October 1, 2020. The who can be an executor page covers choosing a personal representative in a will, and our missing heirs guide covers an especially time-consuming duty when a beneficiary cannot be found.
The Personal Representative’s Checklist
The duties above, in the order most estates meet them:
| Stage | Duty | Source |
|---|---|---|
| Before letters | Confirm you are qualified; file the petition, oath, address and resident agent designations, and any bond | §§733.302 to 733.304, 733.402; Rules 5.110, 5.235, 5.320 |
| Promptly after letters | Serve the notice of administration; publish and serve the notice to creditors; serve AHCA if the decedent was 55 or older | §§733.212, 733.2121 |
| First weeks | Secure and insure property; obtain an EIN; open an estate account; access any safe-deposit box | §§733.607, 655.936 |
| Within 45 days of first publication | File proof of publication | Rule 5.241(c) |
| Within 60 days of letters | File and serve the inventory | Rule 5.340; §733.604 |
| Months 3 to 5 | Review claims; object to improper ones within the later of 4 months after first publication or 30 days after filing; file the statement regarding creditors | §§733.702, 733.705; Rule 5.241(d) |
| Through the case | Pay claims by class; file final Form 1040 and any Form 1041; keep complete records; avoid conflict transactions | §§733.707, 733.610 |
| Within 12 months of letters | File the final accounting and petition for discharge, or obtain an extension | Rules 5.346, 5.400 |
| Closing | Distribute under the plan; file receipts; obtain the order of discharge | Rule 5.400; §733.901 |
Every estate adds its own items: a house to sell, a business to wind down, a missing heir, a disputed claim. The core sequence stays the same, and so does the standard behind it. For help with any stage, our Florida probate services page explains how an administration is handled from petition to discharge, and our guide to how long Florida probate takes sets realistic expectations for the timeline.
Frequently Asked Questions
Is a personal representative the same as an executor in Florida?
Yes, in function. Florida’s probate code uses the term personal representative for the person the court appoints to administer an estate, whether the person was named in a will or appointed without one. Other states call the same role an executor or administrator. Authority comes from letters of administration issued by the court, not from the will alone.
What are the main responsibilities of a personal representative in Florida?
To qualify and obtain letters, serve the notice of administration, publish and serve the notice to creditors, take possession of and inventory the estate within 60 days, pay valid claims and taxes in the order set by Fla. Stat. §733.707, account to the beneficiaries, distribute the estate, and petition for discharge, all under the fiduciary standard of §733.602.
Can someone who lives outside Florida be a personal representative?
Only if the person is related to the decedent in a way §733.304 allows: an adopted child or adoptive parent, a lineal relative such as a child or grandchild, a spouse, sibling, aunt, uncle, niece, or nephew or their lineal relatives, or the spouse of anyone who qualifies. An out-of-state friend cannot serve. A nonresident must also designate a Florida resident agent under Rule 5.110.
Can a convicted felon be a personal representative in Florida?
No. Under §733.303(1)(a), a person convicted of a felony is not qualified, even if the will names that person. A felony conviction after appointment is also a ground for removal under §733.504(7).
How much does a personal representative get paid in Florida?
The presumed reasonable commission under §733.617(2) is 3% of the first $1 million of compensable value, 2.5% of the next $4 million, 2% of the next $5 million, and 1.5% above $10 million. Compensable value is the inventory value of probate assets plus income earned during administration. Extraordinary services can earn more, and a personal representative may waive the commission.
How long does a personal representative have to close an estate in Florida?
Under Fla. Prob. R. 5.400(c), the final accounting and petition for discharge are due within 12 months after letters issue for an estate that does not file a federal estate tax return, unless the court extends the time for cause after notice to interested persons.
Is a personal representative personally liable for estate debts?
Not for the decedent’s debts as such. Claims are paid from estate assets. A personal representative can become personally liable for loss caused by a breach of fiduciary duty under §733.609, for example by paying a lower-priority claim before a higher one or mixing estate funds with personal funds.
This article describes Florida law as of September 2026 and is general information, not legal advice for any particular estate. Statutes and rules change, and the right steps depend on the facts of the estate. The MTM Law Firm PLLC handles probate matters throughout Florida from its office in Lakeland.