What Is the Difference Between Executor and Executrix?
The difference is gender and nothing else. Executor is the masculine form, executrix the feminine form, of the same term inherited from older English probate practice, in the same pattern that once gave us aviator and aviatrix.
Neither word appears in the Florida Probate Code as the name of the job, which I mention early because clients expect one of them to be right. A woman administering a Florida estate is not an executrix, and a man is not an executor. Both are the personal representative.
If a will drafted somewhere else, or drafted decades ago, names an executrix, the nomination still works. The Florida court gives effect to the person the will named and issues letters to that person as personal representative. The word in the document does not have to match the word in the statute.
What Florida Calls the Job Instead
Florida uses one title for the office, and I find it covers every version of the role people arrive asking about. Named in the will or appointed by the court, male or female, family member or professional, the person is the personal representative and holds the same statutory duties.
The probate code does use the word executor once. It appears in a section titled Executor de son tort, which is an old doctrine about a person who takes or meddles with a dead person's property without any authority to do so. Florida's version says that nobody is liable to a creditor as an executor de son tort, and then makes the meddler liable to the personal representative for the value of everything taken and for damages caused to the estate.
So the only executor in Florida's probate code is a person who was never appointed and is being sued. I mention that to clients because it captures the position of a family member who starts moving money before the court has appointed anybody.
Executor Versus Administrator
In traditional usage the two words divided by whether there was a will. An executor was named in the will. An administrator was appointed by the court when there was none.
Florida merged them. One office, one title, one set of duties, whether or not the decedent left a will. What genuinely changes is who has priority to be appointed, and that is set out further down.
The word administrator does survive in the name of the document. What the Florida court issues is letters of administration, and those letters are the proof of authority that a bank, a broker or a title company will ask to see. The details are on Florida letters of administration.
Who Cannot Be an Executor in Florida?
Florida law starts permissively, and I walk clients through the 4 disqualifications in order. Any person who is sui juris, meaning of full legal capacity, and who is a resident of Florida at the time of the decedent's death, is qualified to act as personal representative.
Then four disqualifications apply.
| Disqualified | Detail in the statute |
|---|---|
| Convicted of a felony | Any felony conviction, with no subject-matter limit |
| Convicted of elder or disabled adult abuse | Abuse, neglect or exploitation of an elderly person or a disabled adult, in any state or foreign jurisdiction, as those terms are defined in Florida law |
| Mentally or physically unable | Unable to perform the duties of the office |
| Under the age of 18 | A minor cannot serve, and a nomination of one does not ripen at majority |
When the person named in the will is not qualified, the estate does not fail. Florida law directs that letters be granted according to the order of preference instead.
Practice pointer. I ask about the felony question directly when a client names someone, because families do not volunteer it and the disqualification has no subject-matter limit. A conviction thirty years ago for something unrelated to money still disqualifies, and the time to learn that is while the will is being drafted rather than at the hearing.
Naming someone who cannot serve is a fixable mistake
A nomination is fixable while you are alive, at the price of a will. After that only a court can fix it, at the price of a proceeding.
The Out-of-State Problem Nobody Expects
Residency is where most nominations fail, and I have had to deliver that news more times than any other point on this page.
Whatever the title, the job carries the same three obligations. The court issues letters of administration before you can act on anything, the estate usually has to post a bond unless the will waives it, and the fee you may take for the work is set out in Florida personal representative fees. None of the three changes with the gender of the word.
A person who is not domiciled in Florida cannot qualify as personal representative unless they fall inside a defined family list. The list covers a legally adopted child or adoptive parent of the decedent, anyone related by lineal consanguinity, a spouse, brother, sister, uncle, aunt, nephew or niece of the decedent, anyone related by lineal consanguinity to such a person, and the spouse of a person otherwise qualified under the section.
Read what is missing from that list. A lifelong friend. A business partner. A stepchild who was never legally adopted. A first cousin, who is neither a lineal descendant nor one of the named collateral relatives. Each of them can serve if they live in Florida and cannot serve if they do not.
The residency rule defeats more out-of-state wills in Florida than any other, because a person who retires here at 70 frequently has a will drafted in the state they left, naming the friend or the accountant who has handled everything for thirty years. I see it constantly.
Avoid assuming a corporate fiduciary solves it automatically. Banks and trust companies authorized to exercise fiduciary powers in Florida have their own statutory route, and an out-of-state institution without Florida authority is in a different position from a Florida one.
Who the Court Appoints When the Named Person Cannot Serve
Florida sets a written order of preference, and it differs depending on whether there was a will.
In a testate estate the order runs to the personal representative or successor nominated by the will or under a power conferred in the will, then the person selected by a majority in interest of the persons entitled to the estate, then a devisee under the will, with the court free to select the best qualified if more than one devisee applies.
In an intestate estate it runs to the surviving spouse, then the person selected by a majority in interest of the heirs, then the heir nearest in degree, again with the court selecting among equals.
The middle option in both lists is the one families overlook. A majority in interest can select someone, which means the beneficiaries who hold most of the estate by value can agree on a person rather than defaulting to whoever steps forward first. In a family where one sibling is unsuitable and the others agree about it, that provision does the work without a fight.
Does an Executor Get Paid in Florida?
Yes, and I tell families the number before they accept the job, because the commission comes from estate assets without a court order for ordinary services. It is calculated on the compensable value of the estate, which is the inventory value of the probate assets plus the income the estate earned during administration.
| Compensable value | Presumed reasonable commission |
|---|---|
| First $1 million | 3 percent |
| Above $1 million to $5 million | 2.5 percent |
| Above $5 million to $10 million | 2 percent |
| Above $10 million | 1.5 percent |
The word doing the work there is presumed. Florida law says a commission computed that way is presumed to be reasonable compensation, which is a starting point and not a requirement. Interested persons can challenge it, and a family member serving in the role can charge less or waive it entirely, which many do.
Extra compensation is allowed for extraordinary services, and the statute lists several, including conducting litigation for or against the estate, selling real or personal property, handling tax proceedings, carrying on the decedent's business, and dealing with protected homestead. Fee detail is on Florida personal representative fees.
The Bank Will Not Talk to Me. I Am the Executor.
The question I get most about this is, "The will names me, so why does the bank say I have no authority?" Because in Florida the will nominates and the court appoints, and those are separate events. Florida law provides that the duties and powers of a personal representative commence upon appointment, so a person holding the original will and a death certificate still holds no authority over a single account. What the bank wants is letters of administration, and getting them is the first real step rather than a formality after the fact.
What an Executor Cannot Do
The limits follow from the same rule, and I put it in writing for every personal representative I am appointed for. Powers begin at appointment, not at death, and not at the reading of the will.
Florida law does soften the edge afterward. Once appointed, the personal representative's powers relate back in time, giving acts done before appointment that were beneficial to the estate the same effect as acts done after, and the personal representative may ratify acts done by others that would have been proper. A family member who paid the funeral home or kept the homeowner's insurance current is covered by that. Somebody who emptied an account for their own benefit is not, and is instead the meddler the executor de son tort section is aimed at.
Two further limits are worth naming. The personal representative has no authority over protected homestead, which Florida law excludes from the property the personal representative takes possession of and from the assets available to pay claims. And a personal representative cannot rewrite the will, which includes reallocating shares among beneficiaries by agreement of the ones who happen to be talking to each other.
Frequently Asked Questions
What Is the Difference Between an Executor and an Executrix?
Nothing except gender. Executor is the masculine form and executrix the feminine form of the same term from older English probate practice, the way aviator and aviatrix once described the same job. Neither is Florida's term. The Florida Probate Code calls the person who administers an estate the personal representative, and uses that title for men and women alike, so a Florida court will issue letters of administration to a personal representative regardless of which word the will used.
What Do You Call a Female Executor in Florida?
A personal representative. Florida does not use a separate feminine form, because it does not use the masculine form either. If a will drafted in another state or another era names an executrix, the Florida court gives effect to the nomination and appoints that person as personal representative. The word in the will does not have to match the word in the statute for the nomination to work.
Should I Use Executor or Executrix in My Florida Will?
Use personal representative. A Florida will that names an executor or an executrix is still valid and the nomination is still honored, so nothing breaks if the older word appears. Matching the statutory term simply removes a question, because the letters the court issues, the statutes that set the duties and the forms the banks want all use personal representative, and a document that uses a different word invites somebody to ask whether a different thing was meant.
What Is the Difference Between an Executor and an Administrator?
In traditional usage an executor was named in the will and an administrator was appointed when there was no will. Florida merged the two. One office, one title, and the same statutory duties whether or not the decedent left a will. What actually changes without a will is who has priority to be appointed, because the order of preference is different for a testate estate than for an intestate one.
Who Cannot Be an Executor of an Estate in Florida?
Florida law disqualifies a person who has been convicted of a felony, a person convicted in any state or foreign jurisdiction of abuse, neglect or exploitation of an elderly person or a disabled adult, a person who is mentally or physically unable to perform the duties, and anyone under the age of 18. Separately, a person who is not domiciled in Florida cannot qualify at all unless they fall within a defined family relationship to the decedent. If the person named in the will is not qualified, the court grants letters according to the statutory order of preference instead.
Can Someone Out of State Be a Personal Representative in Florida?
Only a relative, in the categories Florida defines. A person not domiciled in Florida can qualify if they are a legally adopted child or adoptive parent of the decedent, related by lineal consanguinity, a spouse, brother, sister, uncle, aunt, nephew or niece of the decedent or someone related by lineal consanguinity to any such person, or the spouse of a person otherwise qualified. A lifelong friend, a business partner, or a stepchild who was never adopted does not qualify from out of state, which is the most common reason a nomination in an out-of-state will fails in Florida.
Can a Family Member Be an Executor in Florida?
Yes, and most personal representatives are family. Any person who is sui juris, meaning of full legal capacity, and a resident of Florida at the time of the decedent's death is qualified to serve, subject to the disqualifications. A family member who lives out of state is also qualified if the relationship falls within the statutory list, which covers children, parents, siblings, aunts, uncles, nieces, nephews and their spouses.
Does an Executor of an Estate Get Paid in Florida?
Yes. Florida law entitles a personal representative to a commission payable from estate assets without a court order as compensation for ordinary services, based on the compensable value of the estate. The statute presumes a commission to be reasonable at 3 percent of the first $1 million, 2.5 percent of the value above $1 million up to $5 million, 2 percent above $5 million up to $10 million, and 1.5 percent above $10 million. Further compensation is allowed for extraordinary services, and the statute names several, including conducting litigation, selling real property, and dealing with protected homestead.
Are Those Percentages Mandatory?
No. Florida law says a commission computed that way is presumed to be reasonable compensation, which is a starting point rather than a requirement. Interested persons can challenge a commission as unreasonable, a personal representative can charge less or waive compensation entirely, and family members serving in the role frequently do waive it. The same presumed-reasonable structure applies to the fee of the attorney for the personal representative under a separate statute.
Can an Executor Withdraw Money From a Deceased Person's Bank Account?
Not before appointment. Florida law provides that the duties and powers of a personal representative commence upon appointment, so until the court issues letters of administration there is no authority to touch anything, which is why banks turn families away. The statute does give limited relief afterward, because the powers relate back in time to give acts done before appointment that benefited the estate the same effect as those done after. That protects a family member who paid a funeral bill, not one who moved money for their own benefit.
What Is the First Thing an Executor Should Do in Florida?
Deposit the will. Anyone who has custody of a Florida decedent's will is required to deposit it with the clerk of court having venue, within a short statutory window after learning of the death, and that obligation exists whether or not a probate is ever opened. After that the practical order is to secure the property, obtain certified death certificates, identify whether the home is protected homestead, and determine whether the estate needs formal administration, summary administration or no administration at all.
Common Situations
The friend named in a northern will. A man who moved to Naples at 72 kept the will he signed in the Midwest in 1998, naming his closest friend of forty years as executor. The friend still lived out of state and was not related, so he could not qualify in Florida. The estate went to the statutory order of preference and a daughter was appointed. A Florida will signed after the move would have cost a few hundred dollars and would have let him choose.
The son with a conviction. A Polk County family nominated the eldest son, who had a felony conviction from his twenties that nobody had mentioned in thirty years. The disqualification is not limited to financial crimes, so he could not serve. The remaining children used the majority in interest provision to select a sibling, which kept the appointment inside the family without a contested hearing.
Sources of Law
- Fla. Stat. §733.302 (any person sui juris and a resident of Florida at the time of the decedent's death is qualified to act as personal representative). Fla. Stat. §733.303(1)(a) to (d) (felony conviction; conviction in any state or foreign jurisdiction of abuse, neglect or exploitation of an elderly person or disabled adult as defined in Fla. Stat. §825.101; mental or physical inability to perform the duties; under age 18); (2) (letters granted under §733.301 if the person named in the will is not qualified).
- Fla. Stat. §733.304 (a person not domiciled in the state cannot qualify unless a legally adopted child or adoptive parent of the decedent; related by lineal consanguinity; a spouse, brother, sister, uncle, aunt, nephew or niece of the decedent, or someone related by lineal consanguinity to any such person; or the spouse of a person otherwise qualified). Fla. Stat. §733.305 (trust companies and other corporations and associations).
- Fla. Stat. §733.301(1)(a) (testate order of preference); (1)(b) (intestate order of preference); (2) (a guardian of the property may exercise the ward's right to select); (3) (the court appoints a capable person if no one in subsection (1) applies, excluding court employees).
- Fla. Stat. §733.617(1) (commission payable from estate assets without court order for ordinary services, based on compensable value); (2)(a) to (d) (a commission so computed is presumed to be reasonable at 3 percent of the first $1 million, 2.5 percent above $1 million to $5 million, 2 percent above $5 million to $10 million, and 1.5 percent above $10 million); (3)(a) to (f) (further reasonable compensation for extraordinary services, including sale of property, litigation, tax proceedings, carrying on the decedent's business, and dealing with protected homestead). ⚠ Presumed reasonable is not mandatory.
- Fla. Stat. §733.601 (duties and powers commence upon appointment; powers relate back to give beneficial pre-appointment acts the same effect; ratification of acts by others). Fla. Stat. §733.309 (Executor de son tort; no liability to a creditor as such, but a person taking, converting or intermeddling with a decedent's property is liable to the personal representative or curator for the value taken and for damages to the estate).
- ⚠ Qualification is decided on the facts of each estate. Domicile, relationship, capacity and criminal history are all questions a court resolves, and nothing here predicts how any appointment will be decided. Confirm your own position before relying on a nomination.
- Advertised fees are honored for 90 days from the posted date. Government costs, including filing fees, publication, recording and certified copies, are additional and passed through at cost. General information about Florida law, not legal advice.
What I See in These Files
In 14 years of law practice the vocabulary question turns out to be the harmless one. Nobody has ever lost anything because their will said executrix. I have a few take-home points about the rule underneath it that does cost people.
The first is residency. Florida's list of out-of-state relatives who may serve reads generously until you notice who is absent from it, and the people most often named in a will drafted before a move are exactly the ones who fall outside. A friend, a stepchild who was never adopted, a business partner. I ask new clients who moved here where their will was signed, and roughly half the time the nomination in it cannot be honored in this state.
The second is authority. I also litigate probate disputes in court, work most planning attorneys never do, and a fair share of them start with a family member who acted before appointment because the will said their name. Florida gives the personal representative power at appointment, and relates that power back only for acts that benefited the estate. The relief is real and it does not stretch to cover somebody who paid themselves first.
Avoid naming a single person with no alternate. Whether the nominee is disqualified, unable or simply unwilling, an alternate in the document keeps the estate out of the order of preference entirely, and adding one costs nothing at the time the will is drafted.
Updated on September 14, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice, and no attorney-client relationship is created. Whether a particular person can qualify depends on your facts, which we confirm at a free consult.
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