When preparing a Last Will and Testament in Florida, one of the decisions you must make is who to name as Personal Representative (also sometimes called the Executor). The Personal Representative is the person in charge of the probate estate.
So who can serve as Personal Representative (“PR”) in Florida? The easiest answer can be found by looking at who cannot serve as PR. A person is not qualified to act as a Personal Representative if the person:
(a) Has been convicted of a felony.
(b) Is mentally or physically unable to perform the duties.
(c) Is under the age of 18 years.
In addition, the PR must be a Florida resident unless they are a legally adopted child or adoptive parent of the decedent; they are related by lineal consanguinity to the decedent; they are a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or they are the spouse of a person otherwise qualified under this section. Other than those ruled out by the preceding criteria, all other persons should qualify.
When considering your choice for PR, discuss these with your estate attorney and make sure that the persons you’re considering fit within one of these categories; otherwise, they may not qualify.