What is an executor and how does Florida define the role?
Florida Estate Planning Attorney Andrew Rosenberg explained that while most states use the term “executor,” Florida refers to this role as a personal representative (PR). When someone passes away and probate court is required, the personal representative is the key individual responsible for managing the entire probate process. The PR serves as the point of contact with the court, handles assets, debts, and beneficiaries, and ensures that the estate is properly administered.
In Florida, there are legal requirements for serving as a PR. The individual must be at least 18 years old and cannot have a felony conviction. If these requirements are met and the person is named in the will, the courts will generally approve them as the executor.
What responsibilities does a personal representative have in probate?
Andrew Rosenberg emphasized that the personal representative carries significant responsibilities throughout the probate process. After the court receives the required opening documents, death certificate, and original will, it issues a letters of administration. This document officially appoints the PR as the person in charge of the estate.
Once appointed, the personal representative must:
- Gather and manage the estate’s assets
- Notify and address creditors
- Work with beneficiaries
- Handle taxes and debts
- Ensure all court requirements are met
The role is complex and requires careful organization, communication, and integrity. Although an attorney guides the legal process, the personal representative is ultimately the one responsible for ensuring everything is carried out correctly.
What qualities should you look for when choosing an executor?
When naming a personal representative, Andrew Rosenberg advised looking for qualities such as trustworthiness, integrity, organizational skills, and financial responsibility. Although the role is often filled by a family member, it does not have to be. Family members can live anywhere in the world and still serve as PRs in Florida. However, if the person is not related, they must be a Florida resident.
Rosenberg noted that impartiality is another important consideration. The personal representative must act fairly toward all beneficiaries, avoid conflicts of interest, and maintain clear records. Because of these high standards, the wrong choice can create problems during probate.
Can someone decline the role of executor?
Andrew Rosenberg clarified that no one is obligated to serve as a personal representative. Even if they are named in a will, they can decline the role. However, those who accept the responsibility should understand the time commitment and the fiduciary duties that come with it.
The PR must contact banks, life insurance companies, and brokerage firms to move assets into the estate account. They must also resolve outstanding debts, communicate with beneficiaries, and follow all court-mandated procedures. Failure to meet these duties could result in legal consequences.
Is an executor compensated in Florida?
Yes, executors are entitled to compensation for their work. Andrew Rosenberg explained that in Florida, personal representatives typically receive 3% of the total estate value as compensation. For example, on a $1 million estate, the PR would be entitled to $30,000.
Attorneys also receive compensation, often the same 3% fee, though some charge hourly rates instead. In many cases, family members serving as PRs may waive their fee, especially if they are also beneficiaries of the estate.
What happens if no executor is named in a will?
If someone dies without naming a personal representative in their will—or without having a will at all—the court applies Florida’s intestate laws to appoint one. Typically, the spouse has first priority, followed by the children. In some cases, multiple PRs may be appointed, though Rosenberg cautioned that this can create delays and complications.
He recommended naming only one PR whenever possible. If more than one is chosen, it should be an odd number to avoid deadlocks when disagreements arise.
How can you change the executor in your will?
Andrew Rosenberg stressed that estate planning is dynamic, not stagnant. If someone wishes to update their chosen personal representative, it can be done easily by creating a codicil (amendment) to the will or drafting a new will entirely. In Florida, this requires the same formalities as the original will, including two witnesses and a notary.
Rosenberg encouraged families to regularly review their estate planning documents, since circumstances often change. A named PR may pass away, move, or no longer be the best choice, and failing to update the will can cause unnecessary complications.