In most states this person is called an 'executor.' In Florida, they are called the 'personal representative.' This is the person responsible for carrying out your will and settling your estate — so choosing the right one matters.
What a Personal Representative Does
The personal representative manages the entire process of wrapping up your affairs after you pass away. Their duties are practical and important.
A personal representative typically handles tasks such as:
- Filing your will with the probate court.
- Identifying, gathering, and protecting your assets.
- Paying valid debts, taxes, and final expenses.
- Distributing what remains to your beneficiaries as directed by your will.
Who Can Serve in Florida
Florida has specific rules about who is eligible to serve as a personal representative. Generally, the person must be at least 18 years old and mentally and physically capable of performing the duties.
Florida also limits out-of-state personal representatives. A non-resident can usually only serve if they are a close relative — such as a spouse, child, parent, or sibling — or related by marriage. A Florida resident faces no such restriction.
Qualities to Look For
The best personal representative is not necessarily your oldest child or closest friend — it is the person most capable of handling responsibility during a difficult time.
Look for someone who is:
- Trustworthy and organized, with the patience to handle paperwork.
- Comfortable communicating with family members and professionals.
- Willing to serve — always ask before naming someone.
- Likely to be available and local enough to manage practical tasks.
Always Name an Alternate
Life is unpredictable. The person you choose today may be unable or unwilling to serve when the time comes. That is why it is wise to name an alternate (a 'successor') personal representative in your will.
Legacy Legal AI prompts you to name both a primary and a backup, reducing the chance that your first-choice nominee is unavailable when the will is administered.
Frequently Asked Questions
Can a family member be my personal representative?
Yes. A spouse, adult child, parent, or sibling can serve, and family members are commonly chosen. Out-of-state representatives must generally be close relatives under Florida law.
Does the personal representative get paid?
Florida law allows a personal representative to receive reasonable compensation from the estate, though many family members choose to waive it.
What if I don't name anyone?
If you have no will, or your will names no one able to serve, the probate court appoints someone according to a legal priority list — which may not be the person you would have chosen.