The Short Answer
The person a Florida court puts in charge of settling an estate is the personal representative, which is simply Florida’s word for the executor (or administrator). You gather the assets, deal with creditors, pay debts and taxes, and distribute what is left, all under a fiduciary duty to do it right. You become official only when the court issues your letters of administration, and Florida requires an attorney to walk a formal estate through. Done correctly it is straightforward; done wrong it can land on you personally.
Executor, Administrator, Personal Representative: All One Role
The labels trip people up. "Executor" is the everyday term and the one used in many other states. "Administrator" historically meant the representative when there was no will. Florida rolls them into one title, personal representative, whether or not there is a will. So if a Florida will named you executor, you are the personal representative, and the job is the same.
Who Can Serve
A Florida resident who is 18 or older, able, and not a convicted felon can serve. Someone out of state can serve only if they are related to the person who died (spouse, child, parent, sibling, or certain other relatives, or married to one). A child or spouse qualifies even from another state; a friend or distant connection out of state generally cannot. See serving from out of state →
How You Get Appointed: Letters of Administration
You are not in charge until the court appoints you and issues your letters of administration (often called letters testamentary when there is a will). Those letters are what prove your authority to banks, title companies, and the rest. Getting them means filing a petition in the right county, admitting the will if there is one, and the court issuing the letters. We handle the petition, the filings, and the appearances so your authority is in place without the guesswork.
Named to serve, and not sure where to start?
Book a free 30-minute consult. We will get you appointed and guide every step, remotely, on flat or quoted fees.
Book your free consultYour Duties (and the Liability Traps)
- Gather and value the assets.
- Notice to creditors, then handle valid claims (there is a strict order of who gets paid).
- Pay debts, expenses, and taxes before anyone inherits.
- Account to the beneficiaries and keep clean records.
- Distribute what remains and close the estate.
The danger: paying the wrong creditor first, or distributing before debts and the creditor period are handled, can make you personally liable. That is the single biggest reason representatives work with an attorney rather than going it alone. See how long it takes →
What You’re Paid
Florida sets a presumed-reasonable commission tied to the size of the estate (a tiered percentage, for example 3% on the first $1 million), plus reimbursement of your costs. It is taxable income to you, and many family members who serve waive it. We explain how it works alongside the attorney’s fee, and you can estimate the numbers first.
Frequently Asked Questions
What Is a Personal Representative in Florida?
It is Florida’s name for what most people call the executor or administrator of an estate. The personal representative is the person (or institution) the probate court puts in charge of settling someone’s estate: gathering the assets, paying the debts and taxes, and distributing what is left to the heirs or beneficiaries. If there is a will, it usually names this person; if there is no will, Florida law sets who has priority to serve. Same job, different label.
Is a Personal Representative the Same as an Executor?
Yes. "Executor" is the common term and the word used in many other states, but Florida’s statutes call the role the personal representative. You may also hear "administrator," which historically meant the representative when there was no will. In Florida it is all one role, the personal representative, whether or not there is a will. So if you were named executor in a Florida will, you are the personal representative.
Who Can Serve as Personal Representative in Florida?
A Florida resident who is at least 18, mentally and physically able, and not a convicted felon can serve. Someone who lives outside Florida can serve only if they are related to the person who died (a spouse, child, parent, sibling, or certain other relatives, or married to one). A non-relative who lives out of state generally cannot serve. If you are the deceased’s child or spouse, you almost always qualify even from another state. We confirm eligibility before anything is filed.
How Do I Become the Personal Representative? (Letters of Administration)
You are not officially in charge until the court appoints you and issues "letters of administration" (sometimes called letters testamentary when there is a will). Those letters are the document that proves your authority to banks, title companies, and others. To get them, a petition is filed in the county where the person lived, the will (if any) is admitted, and the court issues the letters. Florida requires an attorney for a formal administration, and we handle the filing and appearances so you get your letters without the guesswork.
What Are the Duties of a Personal Representative?
You have a fiduciary duty to act in the estate’s best interest. The core tasks: identify, gather, and value the assets; publish and serve a notice to creditors and handle valid claims; pay debts, expenses, and any taxes; keep careful records and account to the beneficiaries; and finally distribute what remains and close the estate. Getting the order wrong, paying the wrong creditor first or distributing too early, can make you personally liable, which is the main reason representatives use an attorney.
Does a Personal Representative Get Paid in Florida?
Yes. Florida law sets a presumed-reasonable commission based on the size of the estate (a tiered percentage, for example 3% on the first $1 million), and the representative is also reimbursed for out-of-pocket costs. The fee is taxable income to you, and many family members who serve choose to waive it. We explain how the commission works and how it interacts with the attorney’s fee at the consult.
Who Becomes the Personal Representative if There Is No Will in Florida?
When there is no will, Florida sets an order of priority: the surviving spouse has the first right to serve, then the person chosen by a majority of the heirs, then the heir nearest in relationship. The court appoints that person and issues letters of administration, the same process as with a will, except the statute decides who is eligible instead of the will naming someone. So "who becomes the executor" without a will is usually the spouse or a close heir, and we can get you appointed if that is you.
Can You Help Me Serve as Personal Representative?
Yes, that is most of what a probate attorney does. We get you appointed, guide every step (creditors, taxes, the sale of a home, distributions), keep you on the right side of the deadlines, and keep you from the personal-liability traps. We handle Florida estates remotely, including for representatives who live out of state, so you can serve without flying back and forth. The 30-minute consult is free.
Common Situations
The out-of-state child. A son in New York is named executor of his Florida father’s estate. He qualifies as a relative, we get his letters, and we run the whole probate remotely while he stays home.
The "I paid a creditor early" worry. A daughter starts paying her mother’s bills out of the estate before the creditor period runs. We step in, sort the priority of claims, and keep her off the hook for personal liability.
No will. A man dies without a will; his spouse has priority to serve as personal representative. We get her appointed and walk the estate through under Florida’s intestacy rules.
Sources of Law
- Fla. Stat. ch. 733 (administration of estates): §733.301-.305 (who may serve, priority, nonresident rule), §733.401 (letters), §733.601-.620 (duties and powers), §733.617 (compensation). Fla. Prob. R. 5.030 (attorney required for formal administration). flsenate.gov (retrieved 2026-06-08)
Updated on June 8, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. A personal representative’s duties depend on the specific estate. Do not send confidential information until we have agreed to represent you.