A personal representative in Florida is the person (or institution) appointed by the probate court to administer a deceased person’s estate. Under Florida Statute § 733.602, that representative is a fiduciary who must settle and distribute the estate in accordance with the will and Florida law — as expeditiously and efficiently as is consistent with the best interests of the estate and everyone with a stake in it, including creditors. In plainer terms: you collect the assets, pay the valid debts, and hand what is left to the right people, in the right order, on time.
If that sounds simple, it usually isn’t. The role carries real legal exposure, hard statutory deadlines, and a duty of impartiality that can put you at odds with the very family members who nominated you. This guide walks through what the job actually requires in a Florida formal administration, where people tend to get into trouble, and when a transition from guardianship into probate complicates the picture.
Who Can Serve as a Florida Personal Representative
Before getting to duties, it’s worth knowing whether you can serve at all. Florida is stricter than most states. Under § 733.302 and § 733.304, an individual personal representative must be a Florida resident, or — if a non-resident — must be a spouse, sibling, parent, child, or other close blood relative of the decedent (or a spouse of such a person). A friend who lives in Georgia, for example, generally cannot serve, no matter what the will says.
Disqualifications also matter. Under § 733.303, a person who has been convicted of a felony, is mentally or physically unable to perform the duties, or is under 18 cannot be appointed. Banks and trust companies authorized to act as fiduciaries in Florida may serve as well. The court issues “letters of administration” once it confirms eligibility, and those letters are your proof of authority to act for the estate.
The Core Fiduciary Duties Under Chapter 733
Everything a personal representative does flows from the fiduciary standard. You are handling other people’s money and property, and Florida courts treat breaches seriously. The recurring obligations break down like this.
1. Take Control of and Protect Estate Assets
Section 733.607 gives the personal representative the right to possession of the decedent’s property (with a notable exception for homestead, which often passes outside probate). One of your first jobs is to identify, secure, and preserve assets: open an estate bank account, change locks if a property sits vacant, keep insurance in force, and stop the bleeding on any asset that is losing value. Commingling estate funds with your own is one of the fastest ways to land in front of a judge.
2. File a Verified Inventory
Under § 733.604, the personal representative must file a verified inventory listing the estate’s property with reasonable detail, including the estimated fair market value of each item as of the date of death. The inventory generally must be filed within 60 days after issuance of letters. Beneficiaries are entitled, on written request, to an explanation of how a value was determined or a copy of any appraisal. Real, defensible valuations matter here — guesswork creates disputes later.
3. Serve and Publish Notice to Creditors
This is where deadlines get sharp. The personal representative must promptly publish a notice to creditors and serve a copy on known or reasonably ascertainable creditors (§ 733.2121, § 733.212). A creditor who is served has the later of three months from first publication or 30 days from being served to file a claim; creditors who are not reasonably ascertainable are generally cut off at two years from death under the statute of repose in § 733.710. Diligently searching for creditors is not optional — the U.S. Supreme Court’s decision in Tulsa Professional Collection Services v. Pope established that known or reasonably ascertainable creditors are entitled to actual notice, not just publication.
4. Pay Debts, Taxes, and Expenses in the Right Order
Not every bill gets paid, and not in the order they arrive. Florida sets a statutory priority for claims in § 733.707 — costs of administration, funeral expenses (capped), debts with federal preference, certain medical expenses of the last illness, family allowance, and so on, down the line. If the estate is insolvent, paying a low-priority creditor before a high-priority one can leave the personal representative personally liable. You also handle final income tax returns and, for larger estates, federal estate tax filings.
5. Account and Distribute
Before closing, the personal representative typically prepares a final accounting and a plan of distribution, gives interested persons a chance to object, and then distributes the remaining assets to the beneficiaries entitled to them. Get a receipt for every distribution. The estate isn’t truly closed until the court enters an order of discharge releasing you from further responsibility.
6. Keep Beneficiaries Informed
The duty to administer impartially includes a duty to communicate. Beneficiaries are entitled to notice of administration under § 733.212, copies of the will, the inventory on request, and reasonable updates. Silence breeds litigation. The estates that close quietly are almost always the ones where the personal representative communicated early and often.
A Practical Timeline of Responsibilities
People absorb this better as a sequence. A typical Florida formal administration runs roughly in this order:
- File the petition and will with the circuit court in the county where the decedent lived, and obtain letters of administration.
- Secure assets and open an estate account using the estate’s federal tax ID number (EIN).
- Serve the Notice of Administration on beneficiaries and other interested persons.
- Publish and serve the Notice to Creditors; begin the creditor claim period.
- File the verified inventory within 60 days of letters.
- Review, object to, or pay claims as the limitation periods run.
- File tax returns and pay any taxes due.
- Prepare the final accounting and plan of distribution.
- Distribute assets, collect receipts, and petition for discharge.
Most uncontested estates take eight to twelve months because the creditor period alone consumes three months and cannot be rushed. Anyone promising a 60-day probate is either describing a summary administration of a tiny estate or overpromising.
When Guardianship Becomes Probate: The Contested Transition
A scenario we see constantly: an aging person spent their final years under a court-supervised guardianship, and a guardian managed their property. When that person dies, the guardianship ends and the estate moves into probate — but the two proceedings don’t hand off cleanly. Under Florida’s guardianship law (Chapter 744), a guardian of the property must file a final report and account after the ward’s death, and that accounting becomes a reference point the personal representative is expected to scrutinize.
This is fertile ground for conflict. The personal representative inherits questions the family has been stewing over for years: Were the guardian’s expenditures appropriate? Did assets disappear or get titled in odd ways? Were lifetime gifts made that look more like self-dealing? A diligent personal representative has a duty to pursue legitimate claims that belong to the estate, even when doing so means challenging a former guardian who may also be a relative. The same fiduciary standard that governs the probate also exposes any prior fiduciary’s misconduct, and the inventory you file under § 733.604 should reconcile against the guardianship’s final account. Handled well, this transition protects beneficiaries; handled poorly, it spawns surcharge actions and removal petitions.
For families navigating an estate that touches New York as well as Florida — common when the decedent owned property in both states — our colleagues handle , and many of the same fiduciary principles carry across state lines. The procedural traps differ, though, which is why are worth reviewing before you accept the role.
Compensation and Attorney’s Fees
The personal representative is entitled to reasonable compensation from the estate. Florida Statute § 733.617 provides a presumptively reasonable commission — generally a sliding percentage of the estate’s value (commonly 3% on the first $1 million, with reduced rates on larger amounts). Separately, the attorney for the personal representative is entitled to reasonable compensation under § 733.6171, which sets its own tiered schedule (for example, $1,500 for estates of $40,000 or less, scaling up, with 3% on the next $900,000 above $100,000). Both the representative and the attorney can agree to a different fee arrangement, provided it is disclosed to the parties who bear the impact and no valid objection is raised under the Florida Probate Rules.
A word of caution: serving as personal representative is real work and the compensation is taxable income, while a beneficiary’s inheritance generally is not. Sometimes a family member declines the fee for that reason. That is a decision worth discussing with counsel before you commit.
Personal Liability and How to Avoid It
The fastest routes to personal liability are predictable: distributing to beneficiaries before creditors and taxes are resolved, ignoring a known creditor’s right to actual notice, commingling funds, paying yourself before the court approves it, and failing to keep records. The defense is equally predictable — document everything, follow the statutory order of payment, communicate with beneficiaries, and lean on a probate attorney for the procedural steps. You are held to the standard of a prudent fiduciary, not a perfect one, but the record has to show you acted prudently.
If you are weighing whether to accept the appointment, or you’ve already been served with letters and aren’t sure what comes next, it helps to understand the full landscape first. You may want to review our overview of Florida probate administration and how a properly drafted estate plan with up-to-date wills and related documents can make this entire process shorter and far less contentious. Our Florida team also publishes detailed guidance on Florida probate for those who prefer to start in-state.
Getting Help
Probate is one of those areas where a small early mistake compounds into a large late problem. A personal representative who serves the wrong creditor notice, misses the inventory deadline, or distributes too soon can spend more on litigation than the estate was ever worth. If you’ve been named in a will or appointed by the court — especially where a prior guardianship raises hard questions — speak with a probate attorney before you take your first official act. You can reach our office to talk through the specifics of your situation.
Frequently Asked Questions
What is the first thing a personal representative should do in Florida?
After the court issues letters of administration, the first priorities are securing and protecting the estate’s assets, opening a dedicated estate bank account using a new federal tax ID number, and serving the Notice of Administration on beneficiaries. Securing assets early prevents loss and protects you from later claims that you allowed property to deteriorate.
How long does a personal representative have to file the inventory in Florida?
Under Florida Statute 733.604, the verified inventory must generally be filed within 60 days after letters of administration are issued. It must list the estate’s property in reasonable detail with the estimated fair market value of each item as of the date of death, and beneficiaries can request an explanation of how values were determined.
Can a personal representative be held personally liable?
Yes. A personal representative is a fiduciary and can be personally liable for distributing assets before debts and taxes are paid, ignoring a known creditor’s right to notice, commingling estate funds, or failing to follow the statutory order of payment under section 733.707. Keeping detailed records and following the proper sequence is the best protection.
Does a Florida personal representative have to live in Florida?
Not always, but the rules are strict. Under sections 733.302 through 733.304, a non-resident may serve only if they are a close relative of the decedent (such as a spouse, parent, child, or sibling) or the spouse of such a relative. A non-resident with no qualifying family relationship to the decedent generally cannot serve.
How is a personal representative paid in Florida?
The personal representative is entitled to reasonable compensation from the estate under Florida Statute 733.617, typically a sliding percentage of estate value such as 3% on the first $1 million. The estate’s attorney is compensated separately under section 733.6171. Both can agree to alternative fee arrangements if properly disclosed and unopposed.
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