An Executor’s Duties, Explained

Being named to settle a loved one’s estate is an honor and a serious responsibility. In Florida, the person who does this job is called the personal representative, the legal term for what other states call an executor. If you have just learned you were named, here is a plain-English walkthrough of what the role actually involves.

You Are a Fiduciary

The most important thing to understand is that a Florida personal representative is a fiduciary. That means you must act in the best interests of the estate and its beneficiaries, never your own, keep estate money completely separate from your own, and be ready to account for every dollar. Carelessness or self-dealing can make you personally liable, so when in doubt, document everything.

Who Can Serve in Florida

Florida has specific eligibility rules. A personal representative must generally be at least 18, mentally and physically able to serve, and not a convicted felon. An out-of-state individual can serve only if they are closely related to the decedent. The court formalizes your authority by issuing Letters of Administration.

The Core Duties, Step by Step

• Open the estate. File the will (if any) and a petition with the circuit court in the county where the decedent lived. Florida requires that the original will be deposited with the clerk within ten days of learning of the death.
• Get appointed. Once the court issues Letters, you have legal authority to act for the estate.
• Identify and protect assets. Locate bank accounts, real estate, vehicles, and personal property; secure them and obtain date-of-death values.
• File the inventory. Florida generally requires an inventory within 60 days of the Letters being issued.
• Notify creditors. Publish the Notice to Creditors and serve known creditors. Florida creditors generally have three months from first publication to file claims.
• Pay valid debts and expenses in the priority Florida law sets, and dispute claims that are not legitimate.
• Handle taxes. File the decedent’s final income tax return. Remember, Florida has no state estate or inheritance tax, so there is no state death-tax filing.
• Distribute and close. After debts are settled, distribute assets per the will (or under Florida intestacy law if there is no will), file a final accounting, and petition for discharge.

Florida-Specific Issues to Watch

• Homestead. The family home may be protected homestead under Art. X, Section 4 and may pass outside the normal probate estate, sometimes requiring a separate court determination.
• Elective share. A surviving spouse can claim the elective share under Fla. Stat. 732.2065 and following, which can change who gets what.
• Family allowance and exempt property. Florida law sets aside certain property and support for the surviving spouse and minor children.

You Do Not Have to Do This Alone

In most Florida formal administrations, the personal representative is actually required to be represented by an attorney, except in limited situations. That is not red tape, it is protection. Your attorney handles court filings and deadlines while you focus on the practical work of gathering and distributing assets.

Talk to a Florida Probate Attorney

If you have been named personal representative, a Florida probate attorney can explain your specific duties, keep you within the deadlines, and shield you from personal liability. Reach out before you take any major action with estate property.