Find Local Law

Florida Personal Representative Duties

A Florida resident who is sui juris (an adult of sound mind) can serve as personal representative (Fla. Stat. § 733.302). A non-resident can serve only if related to the decedent (Fla. Stat. § 733.304). The PR is a fiduciary who collects assets, pays valid debts, and distributes the estate, and is entitled to a commission presumed reasonable at statutory percentage tiers (Fla. Stat. § 733.617).

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. A Florida attorney can confirm who may serve and how compensation works in your case.

The personal representative (PR) is the person who settles a Florida estate in formal administration. Who can take on that role is governed by statute.

Who can serve

A Florida resident who is sui juris — an adult of sound mind — can serve as personal representative (Fla. Stat. § 733.302).

A non-resident can serve only if related to the decedent — for example a spouse, a lineal relative (child, parent, grandchild), a sibling, or certain other relatives (Fla. Stat. § 733.304). An unrelated out-of-state person generally cannot serve.

The PR’s duties

The PR is a fiduciary, which means they must act in the estate’s and beneficiaries’ best interests. In practice the PR:

  • Collects and protects the estate’s assets;
  • Pays valid debts and creditor claims; and
  • Distributes the remaining estate to the beneficiaries or heirs.

Compensation

The PR is entitled to a commission that the law presumes reasonable at statutory percentage tiers — 3% of the first $1 million, with lower percentages above that (Fla. Stat. § 733.617). (Treat the exact percentages as something to confirm is current.)

Learn more

See whether you need a lawyer — in most formal cases the PR must hire one — and compare the summary administration and disposition without administration routes. To get matched with a local Florida probate attorney, connect with a lawyer.

Connect with a local attorney

Tell us about your situation and we'll match you with a local California attorney who handles matters like yours. Free, no obligation.

Start your free intake

Frequently asked questions

Who can serve as a personal representative in Florida?
A Florida resident who is sui juris — an adult of sound mind — can serve (Fla. Stat. § 733.302). Certain disqualifications, such as a felony conviction, can apply.
Can someone out of state be the personal representative?
Generally only if they are related to the decedent — for example a spouse, lineal relative (child, parent, grandchild), sibling, or certain other relatives (Fla. Stat. § 733.304). An unrelated non-resident usually cannot serve.
How is the personal representative paid?
The PR is entitled to a commission presumed reasonable at statutory percentage tiers — 3% of the first $1 million, with lower percentages above that (Fla. Stat. § 733.617). Treat the exact percentages as something to confirm is current.

Sources

Related guides

  • Do You Need a Lawyer for Florida Probate? In a Florida formal administration, the personal representative must be represented by a Florida attorney unless the PR is the sole interested person (or is themselves a Florida attorney) — Florida Probate Rule 5.030. This is a distinctive Florida requirement. Summary administration and disposition without administration may not require counsel in the same way, but a lawyer is common.
  • Florida Disposition Without Administration For very small Florida estates with NO real property, no administration is required. This applies where the estate is only exempt personal property plus nonexempt personal property not exceeding the preferred funeral expenses plus reasonable medical/hospital expenses of the last 60 days of the last illness. A person who paid those expenses can be reimbursed (Fla. Stat. § 735.301).
  • Florida Summary Administration Summary administration is Florida's simplified, faster probate. It is available when EITHER the value of the estate subject to administration in Florida (less property exempt from creditors) is $75,000 or less, OR the decedent has been dead more than 2 years (Fla. Stat. § 735.201). Only one condition needs to be met.
  • The Florida Probate Process: Formal Administration Formal administration is Florida's full court-supervised probate under chapter 733, handled by the circuit court. The court appoints a personal representative and issues letters of administration; the PR gathers assets, settles debts and creditor claims, and distributes the rest. Creditors generally must file claims within set periods, and never more than 2 years after death.

← Back to Probate