Who Can Be Named Executor (Personal Representative) in a Florida Will?

When you draft your Last Will and Testament, one of the most important decisions you make is choosing the person who will manage your final affairs. In Florida, this role is formally known as the Personal Representative (often called an executor in other states). This individual will be responsible for gathering your assets, paying your final debts, and distributing your property according to your exact wishes.

However, Florida law is notoriously strict about who actually qualifies to hold this title. If you write a Will in Tampa and name your best friend from New York as your Personal Representative, a Florida judge will reject them, leaving your estate without a leader. To ensure your estate plan functions properly, you must understand the legal qualifications required by the state. If you need help drafting a compliant Will, you can find qualified estate planning attorneys in our directory.

Florida Rules for Naming a Personal Representative

The core rules for who may and may not serve are outlined in Fla. Stat. § 733.302 and subsequent sections. When your Will is eventually submitted to a court, such as the Palm Beach County Circuit Court, West Palm Beach or the Orange County Circuit Court, Orlando, the judge will rigorously check your chosen representative against these legal standards.

Out-of-State Relatives and Blood Requirements

Florida requires your Personal Representative to either be a Florida resident at the time of your death OR a close relative. Under Fla. Stat. § 733.304, if the person you want to name lives outside of Florida (a nonresident), they must be related to you by lineal consanguinity (a blood relative). This includes your children, parents, grandchildren, siblings, uncles, aunts, nephews, and nieces. It also legally includes your legally adopted children, your current spouse, and even the spouse of your brother or sister (e.g., your brother-in-law).

What does this mean for your Will? You cannot name your out-of-state best friend, your out-of-state college roommate, or an out-of-state business partner unless they happen to be married to one of your blood relatives. If they do not meet the strict family relationship test and do not live in Florida, the court will declare them ineligible.

Can I Name a Non-US Citizen?

Yes. Florida law does not require a Personal Representative to be a United States citizen. The Florida Supreme Court addressed this issue in In re Estate of Fernandez, 335 So. 2d 829 (FL Supreme Court 1976), striking down the state's former citizenship requirement as unconstitutional. Today, under Fla. Stat. § 733.302 and Fla. Stat. § 733.304, qualifications depend on residency and familial relationship rather than citizenship. A non-U.S. citizen living in Florida can serve as a resident, and an out-of-country relative-such as a sibling or child living in Canada-can legally serve as a nonresident Personal Representative because they meet the statutory blood relative requirements.

Disqualifications: Felonies and Incapacity

Regardless of where they live or how they are related to you, Fla. Stat. § 733.303 strictly disqualifies certain individuals from serving. You cannot name anyone who has been convicted of a felony in any state or federal court. Even if the felony occurred thirty years ago, it is an absolute bar. Additionally, a person who is under 18 years of age, or a person who is physically or mentally incapable of performing the duties (such as someone suffering from severe dementia), cannot be appointed. When the representative applies for the job, they must sign under oath that they are not a convicted felon.

Naming Corporate Executors (Banks and Trust Companies)

If you do not have a trusted family member or a local friend who meets the qualifications, you can name a corporate entity. However, you cannot just name any bank. The corporate executor must be a trust company incorporated under Florida law, or a state or national bank that holds trust powers and is authorized to exercise fiduciary duties in Florida. This is a common choice for very large estates or for individuals who want an entirely neutral, professional third party to handle family wealth.

How Much Does It Cost?

While this guide focuses on drafting the Will, you should be aware of the costs associated with your choice of Personal Representative:

• Drafting the Will: An attorney typically charges a flat fee of $400 to $1,000 to draft a standard Last Will. Part of this fee includes counseling you to ensure your chosen representative actually qualifies under Florida law.
• Representative Fees: Florida law entitles Personal Representatives to a 'reasonable fee' for their services, which is generally presumed to be 3% of the estate's total probate value up to $1 million. You can specify in your Will if you want them to serve without compensation.
• Corporate Fees: If you name a bank or trust company, they will charge standard corporate fiduciary rates, often between 1% and 2.5% of the estate assets annually.

How Long Does the Process Take?

Drafting a Will and selecting your Personal Representative is a fast process. A competent estate planning attorney can usually draft and finalize your Will within 1 to 3 weeks. However, if you draft a Will on your own and name an ineligible person, fixing the mess after your death will severely delay your estate. If your named representative is disqualified, the probate court will have to hold hearings to appoint a successor, which can delay the distribution of your assets by 3 to 6 months.

Frequently Asked Questions (FAQ)