Personal Representative Education in Florida

(What the Role Really Involves — and Why Understanding It Early Matters) 

When someone passes away, it is very common for a family member or close friend to be asked to serve as Personal Representative of the estate. Often, people agree to take on this role without fully understanding what it involves. In other situations, beneficiaries may have questions or concerns about how an estate is being handled and want to know what the Personal Representative is legally required to do. 

This guide explains how the role works under Florida law, helping set realistic expectations and reduce unnecessary conflict during the probate process. 

The Biggest Misconception About Personal Representatives 

Many people assume a Personal Representative is simply the “family organizer” or someone who helps move the process along. In Florida, this is not accurate. 

A Personal Representative is a court-appointed fiduciary. This means they are legally required to: 

• Act in the best interests of the estate 

• Treat all beneficiaries fairly and impartially 

• Follow Florida probate law and court requirements 

  
  

Because of this fiduciary duty, a Personal Representative may, in certain situations, be personally liable for mistakes that cause financial harm to the estate. 

This does not mean most Personal Representatives do anything wrong, but it does mean the role carries real legal responsibility that should be understood before accepting the appointment. 

When a Personal Representative’s Authority Begins 

A Personal Representative does not have legal authority immediately after someone dies. 

Legal Representation Requirement 

In most Florida probate proceedings, a Personal Representative must be represented by a Florida-licensed attorney. Under Florida Probate Rule 5.030(a), every personal representative, unless they are the sole interested person, must be represented by counsel admitted to practice in Florida. An attorney-Personal Representative admitted to the bar may represent themselves, but otherwise representation is required. This rule exists because probate involves complex legal procedures and filings, and court appearances are governed by specific rules that laypersons are not permitted to handle pro se in many circumstances. 

Legal authority begins only when: 

• The probate court enters an Order Appointing the Personal Representative, and 

• The court issues Letters of Administration 

  
  

Until then, no one has official authority to act on behalf of the estate. 

Why this matters 

If someone acts as though they are the Personal Representative before appointment, such as: 

• Moving or distributing property 

• Taking control of bank accounts 

• Selling estate items 

  
  

Florida law allows the court-appointed Personal Representative to seek recovery of improperly handled assets. 

This is why families are often advised to pause and seek legal guidance before taking action. 

Suggested internal link: Anchor text: Florida probate process [Insert link to Tower Law Group probate overview page] 

Who Can Serve as a Personal Representative in Florida 

Florida has specific qualification rules that often surprise families. 

Generally eligible: 

• A Florida resident who is legally competent 

  
  

Disqualified individuals include: 

• Minors 

• Individuals who are mentally or physically unable to perform the duties 

• Convicted felons 

• Individuals found to have committed abuse, neglect, or exploitation of an elderly person or vulnerable adult 

  
  

Non-residents 

Florida is strict about non-resident Personal Representatives. A non-resident typically cannot serve unless they fall within specific close family relationships, such as: 

• A spouse 

• Other statutorily defined relatives 

  
  

How Florida Decides Who Is Appointed When There Is a Dispute 

Disagreements over who should serve as Personal Representative are common. Florida law resolves these disputes using a statutory order of preference. 

General rules: 

• If there is a will: The person named in the will usually has priority. 

• If there is no will: Priority typically follows this order: 

• Surviving spouse 

• Other heirs as defined by statute 

  
  

These decisions are based on legal priority, not family dynamics. This is why disputes between siblings or relatives can escalate quickly once probate begins. 

Core Duties That Commonly Lead to Questions or Disputes 

Florida law requires the Personal Representative to settle and distribute the estate as efficiently as possible while protecting the estate and beneficiaries. 

1. Control and Protection of Estate Assets 

The Personal Representative must: 

• Secure estate property 

• Maintain insurance 

• Prevent waste or loss 

• Safeguard assets until distribution 

  
  

This often includes stopping well-meaning family members from taking items based on verbal promises or assumptions. 

2. Preparing the Estate Inventory 

Florida requires an inventory to be filed within 60 days after Letters of Administration are issued. 

3. Administration and Distribution 

The Personal Representative must ensure debts, expenses, and taxes are handled properly before distributing assets to beneficiaries. 

Compensation for Personal Representatives 

Q: Are Personal Representatives entitled to compensation? 

A: Yes. Florida law allows Personal Representatives to receive compensation for ordinary services, based on the value of the estate and paid from estate assets. 

Key points to understand: 

• Compensation is set by statute 

• Florida law also allows compensation for the attorney representing the Personal Representative 

  
  

Even though compensation is legally permitted, misunderstandings often arise if these rules are not explained early in the process. 

Why Understanding This Role Early Matters 

For Personal Representatives: 

• Helps determine whether you are comfortable taking on the role 

• Encourages seeking guidance early to avoid mistakes 

• Reduces personal risk and stress 

  
  

For Beneficiaries: 

• Clarifies what the law actually requires 

• Helps distinguish normal administration from potential problems 

• Reduces unnecessary suspicion or conflict 

  
  

Talk With a Florida Probate Specialist Before Issues Arise 

If you are considering serving as Personal Representative or have concerns about how an estate is being administered, speaking with an experienced Florida probate attorney early can prevent costly and emotional disputes later. 

Florida probate attorney

Talk With a Florida Probate Specialist Before Issues Arise 

Serving as a Personal Representative, or dealing with one, raises legal rights and responsibilities that are easy to overlook. 

📞 Book a free 15-minute discovery call so we can know exactly how to help you and answer your questions with clarity and confidence.