In Florida, the person you name to settle your estate is called the personal representative, what most people elsewhere call the executor. Choosing the right one is one of the most consequential decisions in your will, because this is the person who will carry your plan through Palm Beach County probate. Here is how the role works, who is eligible under Florida law, and how to pick someone who can handle the timeline and the cost.
What the personal representative does
The personal representative files your will with the court, inventories your assets, notifies creditors, pays valid debts and taxes, and distributes what remains to your beneficiaries. They work under the Florida Probate Code (Chapters 731 to 735) and owe a fiduciary duty to act in the estate’s best interest. It is part paperwork, part diplomacy, and part bookkeeping, often during a period when family emotions run high.
Florida’s eligibility rules are strict
Florida is unusual in limiting who may serve. A personal representative must be either a Florida resident, or, if a non-resident, a close relative such as a spouse, child, parent, sibling, or certain other relatives by blood or marriage. A non-relative who lives out of state cannot serve. The person also must be at least 18, mentally competent, and not have a disqualifying felony conviction. This means your trusted college roommate in Atlanta likely cannot be your personal representative, a fact that surprises many Palm Beach residents who moved here from elsewhere.
Formal vs. summary administration affects the workload
Florida offers two main probate paths. Summary administration is available for smaller estates (generally under a set threshold) or when the decedent has been deceased more than two years, and it is faster and lighter. Formal administration is the full process and requires a personal representative, usually represented by an attorney, working through creditor periods and court filings. Knowing which path your estate is likely to take helps you judge how much your personal representative will actually have to do.
What it costs and how long it takes
Formal administration in Palm Beach County commonly takes several months to a year, longer if there are disputes or complex assets. Florida law allows the personal representative to receive reasonable compensation, and attorney’s fees are also paid from the estate. Many family members waive their fee. Florida has no state estate or inheritance tax, which simplifies the financial side, though federal estate tax can still apply to very large estates.
Traits that matter more than you think
Pick someone organized, trustworthy with money, and able to stay calm among relatives. Geographic proximity to Palm Beach helps with practical tasks like securing property and meeting with counsel. Always name a successor in case your first choice cannot serve, and ask the person before naming them.
When to consider a professional
If your estate is large, your family is prone to conflict, or no eligible relative is well suited, a Florida-eligible professional or trust company can serve neutrally. This adds cost but can prevent disputes that cost far more.
Consult a Florida attorney
Florida’s residency and eligibility rules can quietly invalidate a well-meaning choice. Before naming your personal representative, talk with a licensed Florida estate planning attorney to confirm your selection will hold up and your estate will move smoothly through probate.
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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
