Living Trust
Who can serve as executor in Florida?

Who can serve as executor in Florida?


Jennifer Mcgee


Updated on  

March 17, 2023

7 Mins


Appointing an Executor in Florida is one of the pre-requisite of a Last Will and Testament. Selection of an Executor is usually quite overwhelming as it requires a person whom you can trust blindly. Read the full article to understand who is an executor, their Job, and the basic requirements of an Executor. 

What is an Executor in Florida? 

An executor is also known as a Personal representative in Florida. The executor is appointed to administer the estate after the death of the testator. It is a job that requires patience, time, and organizational skills. 

First of all, the Executor has to file for Probate. Executors or Personal representatives are then appointed by the court by issuing a letter of administration to distribute the property/assets among the beneficiaries. 

Everything is done here under the supervision of the Court of Law. 

This involves organizing the money, assets, and possessions of the dead person and after paying any taxes and debts, they are distributed among the beneficiaries as per the instructions in the Will.

Read more about the Probate process in Florida to be followed by the Executor. 

What does an Executor do?

The executor has mainly 3 jobs. Accounting, preserving, and properly distributing the estate of the deceased. 

The following are the duties of an Executor: 

  • Notifying all the interested parties
  • Notifying the creditors of the death of the testator
  • Inventorying and taking possession of the testator’s assets and liabilities 
  • Filing inventory with the Probate court.
  • Filing any Estate tax returns if applicable
  • Filing income tax returns
  • Paying off the testator’s debts  
  • Distributing the remaining assets to the beneficiaries named in the will.
  • Reporting to the court about the completion of administration and distribution
  • Closing out the estate.

Basic Requirements for Serving as a Florida Executor

Even though the executor is appointed by the probate court, the testator is free to choose the personal representative or executor for his/her last Will. 

You can name any person in your Will as your executor but Florida statutes put some restrictions on the individuals who can serve as an executor. 

These restrictions are 

  1. Age: An executor must be 18 years of age or above and a person who is mentally and physically capable of serving.
  2. Criminal history: Florida Prohibits a person who has committed a felony from serving as an executor. 
  3. Residence: An executor must be a resident of Florida. 

Exception- A non-resident of Florida may serve as executor if that person is related to the testator by blood, marriage, or adoption.

Who can serve as executor in Florida

Out-of-State Executors in Florida

It is advised to name an executor who lives near you to work more efficiently and effortlessly while handling the day-to-day tasks of administering and distributing the estate. 

Only the following people are eligible to serve as Out-of-State Executors in Florida: 

  1. Your adopted child or adoptive parent
  2. Your child, grandchild, parent, or any other person related to you by lineal consanguinity
  3. A sibling, aunt, uncle, niece, nephew, or any other person related by lineal consanguinity to any such person, or
  4. Spouse of any of the people listed above.

What If the Decedent Doesn’t Have a Will and Didn’t Name Anyone as a Personal Representative?

In Florida, when a person dies without creating a Last Will and Testament in Florida, he/she is said to have died intestate and the estate will be distributed as per the Intestate succession laws of Florida. 

Intestate Succession laws are applicable only to those assets that pass through probate. 

Read more about the Intestate Succession laws in Florida.

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Frequently Asked Questions

Who is a testator?

A person who creates a last will and testament is known as Testator.

What is a letter of administration?

It is a document issued by the probate court that allows an executor to administer and distribute the estate of the deceased.

What is incapacitation?

Incapacitation refers to a state where a person does not have the strength and ability to perform a task.

What is the executor fee in the living trust in Florida?

The fees of the Executor differ from state to state and depend upon a number of factors. In Florida, it is between 1.5 to 3 percent of the estate value.

Can an executor also be a beneficiary in Florida?

Yes. There is no restriction to name an Executor as the Beneficiary of the same Trust.
Jennifer Mcgee
Parent to five young children. Estate Planning, Probate, and Family Law Attorney. Volunteer with Victim’s Advocates in the local sheriff's department...
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Jennifer Mcgree
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