When someone dies in Florida, family members often ask:

Who is the executor of the estate, and what exactly are they supposed to do?

Florida law generally does not use the term executor. Instead, the person appointed by the probate court to administer the estate is called the personal representative.

The terms are often used interchangeably in everyday conversation, but “personal representative” is the legal term used in the Florida Probate Code.

A Florida personal representative can have significant responsibilities. The role may involve protecting estate property, dealing with creditors, communicating with beneficiaries, handling real estate, filing tax documents, maintaining records, and ultimately distributing the estate.

This guide explains who can serve, how a personal representative is appointed, what duties the role involves, how much compensation may be available, and what happens if the personal representative makes a mistake.

For a broader overview of Florida probate, visit our Florida Probate Attorneys page.

What Is an Executor Called in Florida?

Florida calls an executor a personal representative.

The personal representative is the individual or qualified institution appointed by the probate court to administer the estate.

A Will may nominate someone to serve, but being named in the Will does not automatically give that person authority to act for the estate.

The probate court generally must appoint the personal representative and issue Letters of Administration before the person has the legal authority associated with the office.

Until then, someone named “executor” in a Will should be cautious about assuming they can sell property, access accounts, distribute estate assets, or act on behalf of the estate.

What Are Letters of Administration?

Letters of Administration are court-issued evidence that the personal representative has been appointed and has authority to act for the estate.

Banks, title companies, financial institutions, and other third parties may ask to see certified Letters before allowing the personal representative to:

• Access estate accounts

• Collect probate assets

• Sell estate property

• Obtain financial information

• Manage certain business interests

• Conduct other estate transactions

The Will nominates.

The court appoints.

Who Can Serve as Personal Representative in Florida?

Florida Statute § 733.302 generally permits a Florida resident who is legally competent and otherwise qualified to serve.

Florida Statute § 733.303 disqualifies certain individuals.

A person generally cannot serve if the person:

• Is under age 18

• Is mentally or physically unable to perform the duties

• Has been convicted of a felony

• Has been convicted of abuse, neglect, or exploitation of an elderly person or disabled adult

Those rules apply even if the Will specifically names the person.

Can Someone Who Lives Outside Florida Serve?

Sometimes.

Florida places restrictions on nonresident personal representatives, but certain relatives may qualify.

Under Florida Statute § 733.304, qualifying nonresidents can include certain:

• Children

• Parents

• Spouses

• Siblings

• Aunts and uncles

• Nieces and nephews

• Other qualifying relatives described by the statute

A longtime friend who lives outside Florida, however, may not qualify merely because the Will names that person.

For more answers about appointment requirements, see our Florida Probate FAQs.

Who Gets Priority to Serve?

The answer depends partly on whether the decedent left a valid Will.

If There Is a Will

Florida Statute § 733.301 generally gives first preference to:

1. The personal representative nominated by the Will

2. The person selected by a majority in interest of the persons entitled to the estate

3. A devisee under the Will

The court still must determine that the nominee is legally qualified.

If There Is No Will

When someone dies intestate, the statutory order of preference generally begins with:

1. The surviving spouse

2. The person selected by a majority in interest of the heirs

3. The heir nearest in degree

If several people are equally situated, disputes can arise over who should serve.

Does the Executor Have to File the Will?

Not necessarily.

Florida law places the duty to deposit the original Will on the custodian of the Will.

Under Florida Statute § 732.901, the custodian generally must deposit the Will with the clerk of the appropriate court within 10 days after receiving information that the testator has died.

The custodian may ultimately become the personal representative, but those are separate legal roles.

This distinction matters because the personal representative often has not yet been appointed when the Will must be deposited.

What Does an Executor or Personal Representative Do in Florida?

Florida Statute § 733.602 describes the personal representative as a fiduciary.

The personal representative must settle and distribute the estate in accordance with the Will and Florida law as efficiently and expeditiously as is consistent with the best interests of the estate.

The job involves much more than simply handing property to beneficiaries.

1. Work With Probate Counsel to Open the Estate

In formal administration, a petition is generally filed asking the court to admit the Will, when applicable, and appoint the personal representative.

Florida Probate Rule 5.030 generally requires a personal representative to be represented by a Florida attorney unless the personal representative remains the sole interested person.

Once appointed, the personal representative receives Letters of Administration.

2. Identify and Secure Estate Property

The personal representative may need to locate and protect probate assets such as:

• Bank accounts

• Investment accounts

• Real estate

• Vehicles

• Business interests

• Refunds

• Personal property

• Money owed to the decedent

• Digital assets

Protection can include maintaining insurance, securing a residence, preventing waste, preserving business operations, and ensuring important property is not removed.

3. Determine What Is Actually a Probate Asset

Not everything owned by the decedent necessarily becomes part of the probate estate.

Property may pass outside probate through:

• Beneficiary designations

• Joint ownership with survivorship rights

• Payable-on-death arrangements

• Transfer-on-death arrangements

• Revocable Living Trusts

• Certain deeds

The personal representative and probate attorney should distinguish probate assets from nonprobate property before assuming control.

4. Prepare the Estate Inventory

A personal representative may be required to prepare an inventory identifying probate assets and their values.

Accurate valuation can become important for:

• Beneficiary distributions

• Fiduciary accounting

• Tax basis

• Creditor issues

• Personal representative compensation

• Estate administration

Depending on the assets, professional appraisals or valuations may be necessary.

5. Provide Required Notices

The personal representative has notice obligations.

Florida Statute § 733.212 requires the personal representative to serve a Notice of Administration on specified interested persons, including certain beneficiaries and the surviving spouse.

The Notice of Administration can trigger important deadlines relating to matters such as:

• Challenges to the Will

• Challenges to the personal representative

• Venue objections

• Certain probate rights

This is why proper service matters.

6. Notify Creditors

The personal representative also has important responsibilities concerning estate creditors.

Florida Statute § 733.701 requires the personal representative to cause a Notice to Creditors to be published and served as required by Florida law.

Creditor deadlines can depend on publication and actual service.

The personal representative should not simply pay every bill that arrives.

Florida probate law establishes procedures governing:

• Creditor notice

• Filing claims

• Objecting to claims

• Priority of payment

• Barred claims

• Insolvent estates

Paying the wrong creditor or distributing money too early can create problems.

7. Manage Estate Property

Probate may remain open for months or longer.

During that time, the personal representative may need to manage estate assets.

That can include:

• Maintaining real property

• Paying appropriate expenses

• Collecting rent

• Managing investments

• Protecting vehicles

• Continuing insurance

• Handling business interests

• Preserving valuable personal property

Florida law generally gives personal representatives significant powers to administer estate property, subject to the Will, the Probate Code, and court orders.

8. Handle Florida Homestead Carefully

Florida homestead is not ordinary probate property.

A deceased person's qualifying homestead may be subject to constitutional and statutory protections involving:

• Creditor protection

• Surviving spouses

• Minor children

• Devise restrictions

• Descendants

• Rights to possession and ownership

A personal representative should not assume:

“The house is in the estate, so I can sell it.”

Homestead requires separate analysis.

Improperly treating protected homestead as an ordinary estate asset can create significant problems.

9. Can a Personal Representative Sell Estate Property?

Potentially.

Florida law grants personal representatives substantial authority over estate property, but the answer depends on the asset, the Will, the Probate Code, court orders, homestead status, and the circumstances of the transaction.

A personal representative should be particularly cautious when:

• Selling property to themselves

• Selling to a relative

• Selling below market value

• Dealing with protected homestead

• Beneficiaries object

• A conflict of interest exists

Florida law provides special rules involving transactions affected by conflicts of interest.

For a detailed discussion, read Can a Florida Personal Representative Sell Estate Property Without Beneficiary Approval?.

10. Pay Proper Estate Expenses, Claims, and Taxes

Before distributing an estate, the personal representative may need to address:

• Administrative expenses

• Valid creditor claims

• Funeral expenses

• Property expenses

• Taxes

• Professional fees

• Other lawful obligations

The personal representative should understand the statutory priority rules before paying claims when the estate may not have enough money to pay everyone.

Estate funds should generally remain separate from personal funds.

11. Keep Good Records

A personal representative should maintain detailed records.

Those records may include:

• Bank statements

• Receipts

• Checks

• Property expenses

• Professional fees

• Sales documents

• Creditor payments

• Tax payments

• Distributions

• Income received by the estate

Good records are particularly important if beneficiaries later question how estate funds were handled.

12. Communicate With Beneficiaries

Beneficiaries often become frustrated when they do not understand what is happening.

While a personal representative does not have to obtain beneficiary permission for every administrative decision, the fiduciary should comply with applicable information and accounting obligations.

Communication can also help prevent ordinary delays from becoming probate disputes.

13. Distribute the Estate

Beneficiaries usually want distributions quickly.

But distributing too soon can expose the personal representative to risk if:

• Creditor deadlines remain open

• Taxes have not been addressed

• Litigation is pending

• Expenses remain unpaid

• Ownership is disputed

• Homestead issues remain unresolved

Once the estate is properly positioned for distribution, the personal representative distributes assets according to the Will or, when there is no valid Will, Florida's intestacy statutes.

14. Close the Estate

After administration is complete, appropriate closing documents are filed.

The personal representative may need to provide a final accounting or obtain waivers depending on the estate and applicable procedure.

Once the statutory and procedural requirements are satisfied, the court may discharge the personal representative.

Until discharge, the fiduciary should not assume the job is finished merely because most assets have been distributed.

How Much Does an Executor Get Paid in Florida?

Florida law provides compensation for personal representatives.

Under Florida Statute § 733.617, a commission based on the compensable value of the estate is presumed reasonable for ordinary services in formal administration.

The statutory schedule is generally:

• 3% of the first $1 million

• 2.5% above $1 million through $5 million

• 2% above $5 million through $10 million

• 1.5% above $10 million

The compensable value generally consists of the inventory value of probate estate assets plus income earned by the estate during administration.

Example

Suppose a probate estate has a compensable value of:

$600,000

A 3% commission would equal:

$18,000

That does not mean $18,000 is automatically required in every estate.

The statute establishes compensation presumed reasonable, and compensation can be affected by a Will, agreement, waiver, court review, or other circumstances.

A personal representative can also choose to waive compensation.

For a deeper explanation, read Florida Personal Representative Fees: What Executors and Families Should Know.

Can the Personal Representative Receive Additional Compensation?

Yes.

Florida law allows reasonable additional compensation for extraordinary services.

Examples listed in § 733.617 include:

• Selling real or personal property

• Probate litigation

• Tax proceedings

• Operating the decedent's business

• Dealing with protected homestead

• Other necessary extraordinary services

The circumstances matter.

Are Executor Fees the Same as Probate Attorney Fees?

No.

Personal representative compensation and attorney compensation are separate.

The personal representative is compensated for administering the estate.

The attorney is compensated for providing legal services to the personal representative and estate administration.

In some circumstances, an attorney can also serve as personal representative, but Florida law contains specific disclosure and compensation rules when an attorney who prepared the Will—or certain people related to that attorney—is nominated.

Does a Florida Executor Need an Attorney?

In most formal administrations involving multiple interested persons, yes.

Florida Probate Rule 5.030 generally requires the personal representative to be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person.

This does not mean the attorney becomes the personal representative.

The client is the fiduciary.

The probate attorney advises and represents the personal representative in carrying out the administration.

Can There Be Two Executors in Florida?

Yes.

Florida allows co-personal representatives in appropriate circumstances.

Parents sometimes nominate two adult children because they want both involved.

That can work well when the two people communicate effectively.

It can also create problems.

Under Florida law, joint personal representatives may be required to act jointly in circumstances governed by the Probate Code.

Before appointing co-personal representatives, consider:

• Do they get along?

• Do they live near each other?

• Can they make decisions efficiently?

• Will they disagree about property sales?

• Will banks require both signatures?

• Does naming both actually make administration easier?

Sometimes naming one primary representative and one successor is more practical than requiring two people to act together.

Can a Personal Representative Be Personally Liable?

Potentially.

A personal representative is a fiduciary.

Florida Statute § 733.609 addresses improper exercises of fiduciary power and breach of fiduciary duty.

Personal liability may become an issue if a representative improperly:

• Takes estate property

• Makes unauthorized distributions

• Self-deals

• Fails to protect estate assets

• Pays improper expenses

• Disregards creditor requirements

• Mismanages property

• Violates court orders

• Breaches fiduciary duties

Not every mistake automatically creates personal liability.

But the role should be taken seriously.

Can an Executor Buy Property From the Estate?

This requires particular caution.

Florida law treats certain transactions involving conflicts of interest as potentially voidable.

A personal representative should not assume that paying fair market value automatically eliminates the problem.

If the representative wants to purchase estate property personally—or sell it to a close relative—legal advice should be obtained before proceeding.

Can Beneficiaries Remove an Executor?

Potentially.

Florida Statute § 733.504 establishes grounds for removing a personal representative.

Removal can arise from issues involving:

• Disqualification

• Incapacity

• Failure to perform required duties

• Failure to comply with court orders

• Waste or maladministration

• Certain conflicts or misconduct

• Other statutory grounds

A beneficiary cannot ordinarily remove a personal representative simply because the beneficiary dislikes the person's decisions.

There must be a legally sufficient basis.

For more information, read Removing an Executor in Florida: What You Need to Know.

What Happens if the Named Executor Does Not Want to Serve?

A person nominated in a Will is generally not forced to accept the appointment.

If the nominated person declines or is unable to serve, the court may appoint another qualified person according to the Will and Florida's statutory priority rules.

This is why Wills commonly nominate:

• A primary personal representative

• One or more successor personal representatives

Estate plans should be periodically reviewed to ensure the people nominated are still alive, qualified, willing, and appropriate.

Can an Executor Be a Beneficiary?

Yes.

It is very common for a beneficiary to also serve as personal representative.

For example, a parent may name an adult child as both:

• Personal representative; and

• Beneficiary

That is not inherently improper.

But the representative must distinguish between acting as a fiduciary for the estate and acting in the representative's own personal interests as a beneficiary.

Conflicts can become especially important when beneficiaries disagree over:

• Property values

• Distributions

• Sales

• Expenses

• Personal property

• Compensation

What if the Executor Lives in Another State?

Do not assume an out-of-state nominee automatically qualifies.

Florida's nonresident restrictions are specific.

Certain relatives can serve despite living outside Florida, while a nonrelative friend may not qualify.

If your estate plan names someone outside Florida, review the relationship under Florida Statute § 733.304 before assuming the appointment will work.

Executor Checklist After a Death

If you have been named executor or personal representative, practical first steps may include:

• Locate the original Will.

• Determine who currently has custody of the Will.

• Obtain certified death certificates.

• Identify immediate property-security concerns.

• Do not begin distributing estate assets.

• Do not assume the Will alone authorizes you to act.

• Identify major assets and debts.

• Preserve insurance on real estate and vehicles.

• Avoid using the decedent's accounts without legal authority.

• Identify family members and beneficiaries.

• Speak with a Florida probate attorney about whether probate is necessary.

• Determine which type of administration is appropriate.

• Preserve important mail, financial records, tax records, and digital information.

You do not need to solve the entire estate before speaking with counsel.

For help preparing for that first meeting, see Questions to Ask During a Florida Probate Consultation.

Frequently Asked Questions About Executors in Florida

Is an executor the same as a personal representative?

For practical purposes, yes.

“Executor” is the familiar term many people use, but Florida's Probate Code generally uses personal representative.

Does being named executor in the Will give me immediate authority?

No.

The court generally must appoint you and issue Letters of Administration before you have the authority of a personal representative.

Can an executor live outside Florida?

Certain qualifying relatives can.

Other nonresidents may be prohibited from serving.

Does an executor get paid?

Florida law provides compensation for personal representatives. The statutory commission schedule is presumed reasonable for ordinary services in formal administration, subject to applicable exceptions and review.

Can an executor waive the fee?

Yes.

A personal representative does not necessarily have to accept compensation.

Can an executor distribute money immediately?

Usually, distributions should not be made until the representative understands creditor, expense, tax, homestead, litigation, and other estate obligations.

Premature distributions can create risk.

Can an executor sell the house?

Sometimes.

The answer depends on the Will, probate authority, ownership, homestead status, applicable law, court orders, and possible conflicts of interest.

Can an executor also inherit?

Yes.

A beneficiary may also serve as personal representative.

Can beneficiaries fire the executor?

Not simply because they disagree.

A court can remove a personal representative when legally recognized grounds exist.

Does an executor need a lawyer in Florida?

In formal administration, the Florida Probate Rules generally require attorney representation unless the personal representative remains the sole interested person.

Serving as a Florida Personal Representative Is a Fiduciary Responsibility

Being selected as executor can be a sign of tremendous trust.

It is also a legal responsibility.

The personal representative may control substantial assets, communicate with creditors and beneficiaries, handle real estate, deal with taxes, and ultimately carry out the decedent's estate plan.

Florida law expects the representative to act as a fiduciary and administer the estate in the best interests of the estate and interested persons.

At Gold Legacy Law, PLLC, we assist personal representatives and families throughout Florida with formal administration, summary administration, ancillary probate, homestead issues, creditor claims, estate property, and probate disputes.

For additional information, visit our Florida Probate Attorneys page or our Florida Probate FAQs.

If you have been named executor of a Florida estate or need help opening probate, contact Gold Legacy Law or call (305) 556-5209.

Disclaimer: This article is provided for informational purposes only and does not constitute legal or tax advice. Reading this article does not create an attorney-client relationship between you and Gold Legacy Law, PLLC. Probate matters are fact-specific. Consult a qualified Florida attorney regarding your circumstances.