What Does a Personal Representative Do in Florida?

When does a personal representative have authority?

Being named in a will does not itself provide a bank with authority to release an estate account or allow the nominee to convey probate property. In formal administration, the court appoints the personal representative and issues Letters of Administration, which ordinarily serve as proof of authority. Under section 733.601, the PR's duties and powers begin at appointment, although certain earlier acts that benefited the estate can receive relation-back treatment after appointment.

A power of attorney signed by the deceased person does not become a substitute for Letters: a Florida power of attorney generally ends when the principal dies. Nor does every Florida estate need a PR. The choice among formal administration, summary administration, and limited small-estate procedures depends on ownership, debts, the will, timing, and asset values. The 2026 summary-administration threshold is now $150,000 after the statutory exclusions, with a separate route when the decedent has been dead more than two years. See section 735.201 and BLF's Florida probate overview.

Who can serve as a personal representative?

Florida generally requires an individual PR to be an adult who can perform the role. Certain felony convictions and convictions involving abuse, neglect, or exploitation of an elderly person or disabled adult disqualify a nominee. Fla. Stat. section 733.303. The will and Florida's statutory preference rules affect who gets appointed; the named individual is not necessarily eligible or willing.

Living outside Florida is not always disqualifying. An out-of-state spouse, child, parent, sibling, or other relative in specified statutory relationships may qualify, while an out-of-state friend generally cannot qualify merely because the will names that friend. The exact categories appear in section 733.304.

A person nominated in a will may decline the role. Once appointed, a PR seeking to resign normally must proceed through the probate court rather than simply stop acting.

The personal representative's core responsibilities

1. Locate and protect property that actually belongs to the probate estate

The PR must determine what was owned by the decedent, how each asset is titled, and whether it passes by a beneficiary designation, survivorship arrangement, trust, or probate. Estate accounts and personal property may require protection, insurance, collection, or management. Business interests, rental property, and litigation claims may need special attention. The PR should maintain a separate estate account and preserve records of receipts and disbursements.

Florida treats protected homestead differently. Sections 733.607 and 733.608 distinguish protected homestead from ordinary property under PR control. A PR should not assume that a decedent's home can be sold or used to satisfy ordinary estate debts without examining homestead status, the will, and the interests of a surviving spouse or descendants.

2. Notify beneficiaries and prepare the inventory

The PR must give required notice of administration to specified interested persons. A verified inventory listing probate assets and estimated date-of-death values is generally due within 60 days after Letters are issued, subject to extension and the applicable Florida Probate Rules. The PR may need appraisals or supplementary inventories when assets or values change. See Fla. Prob. R. 5.340 and Fla. Stat. section 733.604.

Beneficiaries may have rights to inventories, accountings, and explanations of asset valuations. An inventory is not a license to publish every family financial detail; Florida law provides confidentiality protections for probate inventories and accountings, with access for specified persons.

3. Give creditor notices and deal with claims in the correct order

A PR ordinarily must publish notice to creditors once weekly for two consecutive weeks and make a diligent search for reasonably ascertainable creditors who must receive direct notice. If the decedent was 55 or older, section 733.2121 also addresses serving the Agency for Health Care Administration with the notice and death certificate within three months of first publication, unless the agency has already filed a claim.

For many claims arising before death, the filing deadline is the later of three months after first publication or, for a creditor required to receive notice, 30 days after service. Other exceptions and a separate two-year nonclaim limit also matter. See sections 733.702 and 733.710. The PR should review what is actually owed, whether to object, and which classes of expenses and debts have priority under section 733.707. An admitted debt is not always payable immediately or in full when the estate lacks sufficient funds.

4. Manage the estate without unnecessarily returning to court

A PR can take many ordinary steps using the authority of appointment, the Probate Code, and the will. The current section 733.603, amended in 2026, directs the PR to proceed expeditiously without a separate order unless the law or court requires one; it also allows the PR to ask the court to resolve questions or enforce authority.

That does not mean every asset sale is automatically authorized. For real property, section 733.613 distinguishes sales under a will's power of sale from transactions that require court authorization or confirmation. A proposed sale to the PR, a relative, or a business associated with the PR creates additional conflict-of-interest questions.

5. Complete tax matters, account, distribute, and seek discharge

The PR coordinates required tax returns and estate expenses with appropriate professionals. After resolving claims and obligations, the PR prepares required accounting and distribution records, transfers property to the proper recipients, and seeks discharge from the probate court. Distributing prematurely or favoring one beneficiary can expose the PR to avoidable claims. Timing depends on the property, creditor process, disputes, taxes, and court requirements; there is no reliable one-size-fits-all closing date.

Can a personal representative be personally liable?

Yes, but not simply because an estate is insolvent or a transaction failed. Section 733.609 imposes fiduciary duties and liability for damage or loss resulting from a breach. Section 733.619 separately addresses when a PR may be individually liable for contracts, obligations, or torts arising during administration. Depending on the circumstances, a court may order a surcharge for a proven fiduciary loss or remove an unfit PR.

Two recent Florida appellate cases make the causation point concrete:

• In Brush v. Coppelli, 407 So. 3d 518 (Fla. 5th DCA 2025), the PR made improper estate distributions. But the Fifth District held that damages against the PR had to reflect what the creditor would actually have collected if the breach had not occurred, rather than automatically equal the creditor's entire judgment.
• In Law v. Williams, No. 5D2025-1054 (Fla. 5th DCA May 29, 2026), the PR's delay was alleged to have cost a proposed real-estate sale. The court reversed a surcharge equal to the full proposed sale price because the estate still owned the property and the record did not establish an equivalent actual loss.

For beneficiaries, these cases show why a surcharge requires evidence of actual loss and causation. For PRs, they show why careful valuation, transaction records, and a defensible chronology matter.

Does a personal representative get paid?

A PR may receive compensation from estate assets for ordinary work. Section 733.617 provides a percentage-based schedule presumed reasonable in formal administration, beginning at 3% of the compensable estate value for the first $1 million, with additional rules for extraordinary services and court review. This is a PR compensation statute, not a mandatory attorney-fee bill. Attorney compensation is addressed separately in section 733.6171, which specifically requires disclosures that the statutory attorney-fee schedule is not mandatory.

Whether a family member should take compensation can depend on the work required, other beneficiaries, taxes, and the terms of the will. The estate's size alone should not decide whether a proposed total fee is reasonable.

What should you do if you have just been named?

1. 1Locate the will, death certificate, and asset records. Identify existing trusts, beneficiary designations, real-estate deeds, and any urgent property or business obligations.
2. 2Determine which probate procedure applies. Do not assume that a will automatically requires formal administration or that a small estate has no creditor issues.
3. 3Avoid using the decedent's cards or accounts as if they were your own. Seek appropriate legal authority and document any preservation expenses.
4. 4Identify potentially time-sensitive risks. Insurance lapses, vacant real estate, payroll, deadlines in pending lawsuits, and creditor notices can quickly become consequential.
5. 5Create an administration record. Track every asset, contact, payment, notice, and material decision from the outset.

When Florida probate counsel may be useful

Botwin Law Firm assists personal representatives, beneficiaries, and families with Florida probate administration and related property or creditor questions. Attorney guidance is especially useful for homestead, disputes, businesses, out-of-state nominees, difficult creditor issues, contested distributions, and concerns that a fiduciary has mishandled estate funds. A consultation can begin with the will, Letters (if issued), asset and debt list, deed records, and available notices.