Florida Personal Representative Duties

Florida Personal Representative Duties

A Florida personal representative, what other states call an executor, is the person legally responsible for collecting the estate's assets, paying valid debts and taxes, and distributing what's left to the beneficiaries. The job is governed primarily by Fla. Stat. 733.601 through the broader Part VI of Chapter 733, and it carries real personal liability if you get it wrong. In a formal administration, expect the process to run 8 to 12 months from start to finish.

Who can serve as a personal representative in Florida?

Florida law is specific about who qualifies. Under Fla. Stat. 733.302 and Fla. Stat. 733.304, a personal representative must be at least 18 years old, mentally and physically capable, and not a convicted felon. Non-Florida residents can only serve if they are a spouse, sibling, parent, child, or other close relative of the decedent. A Florida-based bank or trust company can also serve.

If you were named in a will but don't meet these requirements, the court will appoint someone else. This is one of many reasons a well-drafted estate plan matters. If you're still working on yours, the which estate plan quiz is a good starting point.

What does a personal representative actually have to do?

This is where most people underestimate the job. Once the court formally appoints you and issues Letters of Administration, you have a series of concrete obligations.

1. Notify creditors and interested parties

Within 3 months of appointment, you must publish a Notice to Creditors in a local newspaper once a week for two consecutive weeks under Fla. Stat. 733.2121. Known creditors also get direct written notice. Creditors then have 3 months from the first publication date, or 30 days from receiving direct notice, whichever is later, to file their claims.

2. Inventory the estate

Within 60 days of appointment, you file a written inventory of all probate assets with their fair market values as of the date of death under Fla. Stat. 733.604. This includes real estate, bank accounts, brokerage accounts, vehicles, business interests, and personal property that passes through probate. Non-probate assets like jointly held property or accounts with a named beneficiary don't go on this list.

3. Manage and protect estate assets

You have a fiduciary duty to preserve the estate. That means keeping real property insured, maintaining accounts, and not commingling estate funds with your personal money. Under Fla. Stat. 733.612, you have broad powers to manage, invest, and even sell estate property when needed, but always in the interest of the estate and its beneficiaries.

4. Pay valid debts and taxes

Not every bill that arrives is a legitimate claim. You review each one, object to invalid claims, and pay what's owed in the priority order set out in Fla. Stat. 733.707. Florida estate tax was repealed, but federal estate tax still applies to estates above $13.99 million (as of 2026). You also file a final income tax return for the decedent and may need to file a fiduciary income tax return for the estate itself.

5. Distribute the remaining assets

Once debts and taxes are settled, you distribute what's left according to the will or, if there's no will, Florida's intestacy statutes. You then file a final accounting and a petition for discharge. Until the court signs off, you remain personally on the hook.

What is a personal representative personally liable for?

This is the part people don't think about when they agree to serve. If you distribute assets before paying creditors, pay yourself an unauthorized fee, or mismanage estate property, beneficiaries and creditors can come after you personally. Fla. Stat. 733.609 makes that liability explicit.

You are entitled to a fee for serving, calculated on a percentage of the estate's value under Fla. Stat. 733.617. As of 2026, the statutory rate starts at 3% on the first $1 million of estate value. You can waive it, but document that decision.

Does the estate go through formal or summary administration?

That depends on the value of the non-exempt probate assets and how long the person has been gone. Summary administration is faster, typically 4 to 8 weeks, and there is no ongoing personal representative role the way there is in formal administration.

As of July 1, 2026, an estate qualifies for summary administration if the non-exempt probate assets total $150,000 or less, up from the prior $75,000 ceiling under CS/HB 1337 (Chapter 2026-57, Laws of Florida), which amended Fla. Stat. 735.201. Deaths before July 1, 2026 still use the $75,000 threshold. Any estate also qualifies for summary administration, regardless of value, if the decedent has been dead more than two years.

If the estate is larger or more complicated, formal probate is required and the personal representative role is active and ongoing for those 8 to 12 months. For a sense of the full timeline, see the probate timeline.

Can a personal representative hire an attorney and charge it to the estate?

Yes. In fact, most personal representatives should. Attorney fees paid from the estate are a legitimate estate expense and are approved by the court. Under Fla. Stat. 733.6171, attorney fees are based on a percentage of the estate or a reasonable hourly rate. At The Kogan Firm, formal administration starts at $4,500 and is quoted after a free call because every estate is different. You can see our published fees at pricing.

Hiring counsel protects you as personal representative. Mistakes in probate are hard to unwind, and beneficiaries can and do sue. See our full breakdown of what probate costs if you want more context before calling.

What happens if no one wants to serve?

If the named personal representative can't or won't serve, the court appoints a successor based on the priority list in Fla. Stat. 733.301. That list runs from the person named in the will, to the surviving spouse, to beneficiaries, to a creditor, to the public guardian. Courts do not leave estates unrepresented.

Frequently asked questions

How long do I have to complete probate as a personal representative?

Florida law does not set a hard deadline for closing an estate, but it does impose specific interim deadlines. You have 60 days to file the inventory and 3 months to publish the creditor notice. Formal administration in Broward realistically takes 8 to 12 months from appointment to discharge. Delays usually come from creditor disputes, real estate sales, or beneficiary disagreements, not the filing process itself.

Can a personal representative be removed?

Yes. Under Fla. Stat. 733.504, any interested person can petition the court to remove a personal representative for cause. Grounds include mismanagement of assets, failure to act, conflicts of interest, or incapacity. Courts take these petitions seriously, especially when estate assets are being depleted or distributions are unreasonably delayed.

Does a personal representative have to live in Florida?

Not necessarily, but non-residents face restrictions. Only a spouse, parent, child, sibling, or other close relative of the decedent can serve as personal representative if they live out of state. An unrelated friend or business partner who lives in another state is disqualified under Fla. Stat. 733.304, no matter what the will says.

What assets does a personal representative control?

Only probate assets, meaning property that does not pass automatically by contract, title, or beneficiary designation. Life insurance with a named beneficiary, jointly held real estate with right of survivorship, IRAs, 401(k)s with designated beneficiaries, and assets in a revocable living trust all pass outside probate and outside the personal representative's authority. The inventory covers only what the estate actually owns outright.

What is the difference between a personal representative and a trustee?

A personal representative manages assets that go through the probate court process. A trustee manages assets held inside a trust, which avoids probate entirely. Some people serve as both if the decedent had a pour-over will and a living trust. The roles carry similar fiduciary duties but operate under different statutes and different court oversight. Our trust administration guide covers the trustee side in detail.

This post is for informational purposes only and does not constitute legal advice.