Can an out-of-state person serve as personal representative?

Only if they are closely related to the decedent. A Florida resident who is at least 18 and not disqualified can serve (§ 733.302, § 733.303). A person who does not live in Florida can serve only if they are (§ 733.304):

a legally adopted child or adoptive parent of the decedent;
related to the decedent by lineal consanguinity, meaning a direct ancestor or descendant such as a parent, child, or grandchild;
the decedent’s spouse, brother, sister, uncle, aunt, nephew, or niece, or a direct ancestor or descendant of any of them; or
the spouse of a person who qualifies under this list.

A friend, a cousin, or a business partner who lives outside Florida cannot serve, even if the will names them.

What happens if the named person cannot serve

If the person nominated in the will does not qualify, the court appoints someone else using Florida’s order of preference: next, a person selected by a majority in interest of those entitled to the estate, then a beneficiary under the will (§ 733.301, § 733.303). The nominee may be able to agree on who serves instead, such as a Florida-resident relative, a trust company, or a professional fiduciary.

Other disqualifications that apply to everyone

Regardless of residence, a person cannot serve if they have been convicted of a felony or of abuse, neglect, or exploitation of an elderly person or disabled adult, are mentally or physically unable to perform the duties, or are under 18 (§ 733.303).

Practical points for a nonresident

Bond. A bond is required unless the will or the court waives it. Its amount depends on factors such as the estate’s value, the kinds of assets, and the personal representative’s relationship to the beneficiaries (§ 733.402, § 733.403).
Distance. Much of the work can be done remotely, but the personal representative will need to sign documents, deal with Florida property, and sometimes appear in person or by video.
Another state’s appointment. A personal representative appointed in the decedent’s home state is not automatically authorized to act in Florida. Florida’s ancillary administration procedure may be needed for Florida property (§ 734.102), although a foreign personal representative may collect certain property under § 734.101 in limited circumstances.

What changes the answer

The person’s exact relationship to the decedent, including relationships by adoption or through a spouse
Where the person is domiciled, not just where they spend time
Whether the will names an alternate who qualifies
Whether the decedent lived in Florida, or only owned property here

An example

A widower living in Sarasota names his best friend, who lives in Ohio, as personal representative, and his niece in Michigan as alternate. The friend does not qualify, because friendship is not on the statutory list. The niece qualifies, because a niece of the decedent is on the list. She is appointed, the will waives bond, and she handles most of the work by mail and video with Florida counsel.

Common mistakes

Assuming the will’s nomination guarantees appointment
Filing the petition before confirming the nominee qualifies
Confusing residence with domicile
Assuming an appointment in another state authorizes action in Florida

What to gather

The will, including any named alternates
The nominee’s full name, address, and exact relationship to the decedent
A family tree showing how the nominee is related
Information about the decedent’s domicile and any probate in another state

Next step

Before anyone files, confirm the nominee’s relationship and domicile against § 733.304. If the nominee does not qualify, decide together who will serve before filing, so the case does not stall.

Related guidance

Sources: Florida Statutes § 733.301, § 733.302, § 733.303, § 733.304, § 733.402, § 733.403, § 734.101, and § 734.102 (2026). Checked on October 23, 2026.