A personal representative (Florida’s term for an executor or administrator) is appointed by the court to settle a decedent’s estate (§ 731.201). The job is to find and protect the assets, notify beneficiaries and creditors, pay valid debts, expenses, and taxes, keep complete records, and distribute what remains to the people entitled to it.
It is a fiduciary role: the personal representative must act in the interests of the beneficiaries and creditors, under the same standard of care as a trustee, and can be personally liable for breaching it (§ 733.602, § 733.609).
Main duties, in order
- Give notice. Serve the notice of administration on the spouse and beneficiaries (§ 733.212), and publish and serve the notice to creditors (§ 733.2121).
- Take control of assets. Take possession or control of the decedent’s property, except the protected homestead, and protect and insure it (§ 733.607, § 733.608). Open an estate bank account; never mix estate and personal money.
- Inventory. File an inventory within 60 days after letters, and explain valuations to beneficiaries who ask (§ 733.604; Fla. Prob. R. 5.340).
- Deal with claims. Review every claim, object to improper ones on time, and pay valid claims in statutory order (§ 733.707).
- Handle taxes. File the decedent’s final income tax returns, estate income tax returns, and any estate tax return that is required.
- Account and distribute. File a final accounting and plan of distribution, distribute as approved, and obtain a discharge (Fla. Prob. R. 5.400; § 733.901).
What a personal representative may do without a court order
Florida lets the personal representative act without asking the court each time (§ 733.603). The statute lists dozens of authorized transactions, including retaining or selling assets, paying expenses, hiring attorneys, accountants, and appraisers, prosecuting or settling claims, and making partial distributions (§ 733.612). The will can expand or limit those powers.
New in 2026: enforcing the personal representative’s authority
Since July 1, 2026, a personal representative may expressly start a court proceeding to enforce the authority the Probate Code gives them, for example against a bank or family member who refuses to turn over estate property (§ 733.603, § 733.612(28)). If the personal representative prevails, the court must award costs and attorney fees, and may order them paid by whoever made the proceeding necessary (§ 733.6125). The Probate Rules treat these as adversary proceedings unless the court orders otherwise (Fla. Prob. R. 5.025(a)(14)). These provisions come from chapter 2026-57; how they apply to matters already pending on July 1, 2026 has not been settled.
Compensation
A personal representative is entitled to compensation. Florida sets a schedule based on the estate’s value that is presumed reasonable for ordinary services, with additional compensation for extraordinary services such as selling real estate or handling litigation (§ 733.617). A family member serving as personal representative may choose to waive it.
What changes the work
- Whether the estate includes real estate, a business, or assets in other states
- Disputes among beneficiaries or with creditors
- Whether a beneficiary is a minor or incapacitated
- Tax filing obligations
An example
A son is appointed personal representative of his mother’s estate. He opens an estate checking account with the estate’s tax ID number, moves her bank balances into it, and pays the funeral home and her last utility bills from it, keeping every receipt. He files the inventory within 60 days, objects to a duplicate medical bill, and pays the valid claims after the claims period. His sister asks how the car was valued, and he sends her the dealer’s appraisal. At the end, his final accounting matches the bank statements line for line.
Common mistakes
- Using estate money for personal expenses, even temporarily
- Distributing before claims and taxes are resolved
- Favoring one beneficiary without authority in the will
- Not keeping beneficiaries informed, which often leads to disputes
- Missing the inventory or accounting deadlines
What to gather
- Certified letters of administration
- The will and a list of beneficiaries with contact information
- Statements for every account and policy
- An expense ledger started on day one
- A file for every claim and every communication with beneficiaries
Next step
Before taking any action with estate property, get the letters, open a separate estate account, and set up a ledger. Ask the estate’s attorney which steps need court approval in your particular estate.
Related guidance
- What are letters of administration?
- Formal administration, step by step
- Can an out-of-state person serve as personal representative?
- What rights do probate beneficiaries have?
Sources: Florida Statutes § 731.201, § 733.212, § 733.2121, § 733.602, § 733.603, § 733.604, § 733.607, § 733.608, § 733.609, § 733.612, § 733.6125, § 733.617, § 733.707, and § 733.901 (2026); Florida Probate Rules 5.025, 5.340, and 5.400 (October 15, 2026 edition); chapter 2026-57, Laws of Florida. Checked on October 23, 2026.