When Margaret, a retired teacher in Palm Beach, named her older sister in Ohio as her “executor,” she assumed she had checked the box. After Margaret passed, her family learned the hard way that Florida does not use the word “executor” at all, and that her sister did not legally qualify to serve. Let’s walk through how to avoid Margaret’s mistake.
Florida Calls This Person a “Personal Representative”
In Florida, the person who administers your estate through probate is the personal representative (PR), governed by the Florida Probate Code (Chapters 731-735). The PR gathers assets, pays valid creditor claims, files any required returns, and distributes what remains to your beneficiaries. Whether your estate goes through summary administration (smaller or older estates) or formal administration, the PR is the engine that moves everything forward.
Not Everyone Qualifies, Especially Snowbirds
This is where Palm Beach residents get tripped up. Under Florida Statutes section 733.304, a non-resident can serve as PR only if they are closely related to you, such as a spouse, child, parent, sibling, or certain other blood relatives (or a spouse of such a relative). Margaret’s sister in Ohio actually did qualify because siblings are on that list, but a non-resident friend, a longtime accountant, or a faraway in-law would not. Many Palm Beach families have out-of-state loved ones, so confirm the relationship requirement before you name anyone.
A PR must also be at least 18, mentally and physically able to serve, and not a convicted felon (section 733.303). A Florida resident faces no relationship restriction, which is one reason naming someone local can simplify matters.
Traits That Actually Matter
Beyond legal eligibility, look for someone who is organized, honest, and even-tempered. The job involves deadlines, paperwork, and sometimes disappointed relatives. Consider:
- Proximity. A PR who can meet with a Palm Beach probate attorney, visit a property, or sign documents in person makes administration smoother.
- Financial steadiness. The PR handles money and answers to the court and the beneficiaries.
- Diplomacy. Blended families and second marriages, common here, can create friction the PR must manage calmly.
Name a Backup, and Consider a Professional
Always name at least one successor in case your first choice cannot serve. If your assets are substantial or your family dynamics are tense, a Florida bank trust department or a professional fiduciary can serve neutrally, though they charge fees. For a straightforward estate, a trusted relative often does the job well.
A Word on Homestead and Florida Taxes
Your PR will encounter Florida’s unique homestead protections (Article X, section 4 of the state constitution), which restrict how a primary residence passes and can shield it from many creditors. The good news for Palm Beach families: Florida imposes no state estate or inheritance tax, so the PR’s tax duties are generally limited to final income matters and, for very large estates, federal returns.
Talk to a Florida Attorney
Choosing a personal representative is part legal eligibility, part character judgment. Before you finalize your will, a Florida estate planning attorney can confirm your nominee qualifies under state law and tailor the choice to your family’s situation. This article is general information, not legal advice for your specific circumstances.
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For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles .
