Who Can Serve as Personal Representative in Florida?
The Qualifications, the Disqualifiers, and Who Gets Priority — With or Without a Will
By: George Taylor
When someone dies, a person must step in to settle their estate — pay the final bills, gather the assets, and distribute what’s left. In Florida, that person is called the personal representative (other states use “executor” or “administrator”). Not just anyone can serve. Florida law is specific about who qualifies, who is barred, and who gets first claim to the role — and the answer depends partly on whether there’s a will.
The Basic Qualifications
To serve as a personal representative in Florida, you must be a legal adult, mentally and physically capable of handling the job, and, in most cases, a Florida resident at the time of the death. The law’s shorthand is that you must be “sui juris,” meaning you’re 18 or older and able to manage your own affairs.
Who is Disqualified
Florida law bars certain people outright, no matter what a will says or how close they were to the person who died. You cannot serve if you:
- have been convicted of a felony;
- have been convicted of abusing, neglecting, or exploiting an elderly person or a disabled adult;
- are mentally or physically unable to perform the duties; or
- are under 18.
The felony bar is the one that surprises families most — it disqualifies a person even if the conviction was unrelated and years in the past.
The Rule for Out-of-State Relatives
Florida generally requires a personal representative to live in the state, but it makes an important exception for family. A non-resident can still serve if they are related to the decedent: an adopted child or adoptive parent, a blood relative, or a spouse, sibling, aunt, uncle, niece, or nephew (or someone related by blood to one of those), as well as the spouse of someone who is otherwise qualified. In plain terms: an out-of-state son or sister can serve; an out-of-state friend or business partner cannot.
Who Has Priority When There Is a Will (Testate)
If there is a valid will, Florida observes this order of preference:
- The person named as personal representative in the will.
- If that person can’t or won’t serve, the person chosen by a majority (in interest) of those entitled to the estate.
- A devisee — someone who inherits under the will. If more than one person wants the role, the judge selects the person best-qualified.
This is exactly why naming a personal representative in your will matters: your choice comes first in line.
Who Has Priority Without a Will (Intestate)
If there is no will, the order shifts to the family:
- The surviving spouse.
- The person chosen by a majority (in interest) of the heirs.
- The heir nearest in degree of kinship. If more than one applies, the judge decides.
In either situation, if no qualified person steps forward, the court will appoint a capable person to do the job.
A Practical Note
Banks and trust companies authorized to act as fiduciaries in Florida can also serve as fiduciaries, which is sometimes the right choice for a large or contested estate. But for most families, the personal representative is a spouse, an adult child, or a close relative. The smoothest path is to name a qualified person in your will while you can, rather than leaving the choice to a statutory order and a judge.
Brinkley Morgan guides Florida families through probate and estate administration from start to finish.
Contact George Taylor to schedule a consultation.
Based on Florida Statutes §§ 733.301–733.305. This article is general information, not legal advice.
