Executor Duties and Timeline in Florida
Executor Duties and Timeline in Florida
Florida does not use the term "executor." Instead, the person responsible for managing a deceased person's estate is called the Personal Representative (PR). The PR's job is to gather assets, pay debts, and distribute the remaining estate to the rightful beneficiaries - all under court supervision and within specific legal deadlines.
This guide covers who can serve, how to get appointed, and every major task from start to finish.
Who Can Serve as Personal Representative
Not everyone qualifies to serve as PR in Florida. The requirements are set out in Fla. Stat. Section 733.304.
Eligibility requirements:
- Must be at least 18 years old
- Must not have been convicted of a felony
- Must not have been found mentally or physically unable to perform the duties
- Must be a Florida resident, unless the non-resident is a qualifying family member
Non-resident exception: A person who lives outside Florida can serve only if they are a:
- Spouse
- Sibling
- Parent
- Child
- Aunt, uncle, nephew, or niece
- Grandparent
of the deceased. Non-family members who live outside Florida cannot serve.
Priority of Appointment
When more than one person wants to serve, Florida law sets a priority order:
- The person named in the will
- A person selected by a majority in interest of the beneficiaries
- A devisee (someone named in the will to receive property)
- Next of kin under intestacy law
If the will names someone who is ineligible or unwilling, the court moves to the next category.
Bond
The court may require the PR to post a bond - a form of insurance that protects the estate if the PR mismanages assets. The will can waive the bond requirement. If bond is required, the cost is typically 1-2% of the estate value annually, paid from estate funds.
Step-by-Step Timeline
Step 1: Deposit the Will (Within 10 Days)
Anyone holding the original will must deposit it with the clerk of the circuit court in the county where the deceased lived within 10 days of learning of the death (Fla. Stat. Section 732.901).
This deadline is mandatory. Failure to deposit the will can make you liable for all costs, damages, and attorney fees that result from the delay.
Step 2: File a Petition for Administration
File a petition with the circuit court to open the probate case. The petition must include:
- The deceased's name, date of death, and domicile
- The names and addresses of beneficiaries and known creditors
- A statement of the estimated value of probate assets
- The identity of the proposed PR
- The original will (if one exists)
Filing fee: Approximately $400 for formal administration.
Step 3: Appointment and Letters of Administration
Once the court approves the petition, the PR is formally appointed and receives Letters of Administration. These letters are your legal authority to act on behalf of the estate. You will need certified copies for banks, brokerages, title companies, and other institutions.
The PR must also take an oath and, if required, post bond before receiving Letters.
Step 4: Serve Notice of Administration (Promptly After Appointment)
The PR must serve a Notice of Administration on all known or reasonably ascertainable beneficiaries and creditors (Fla. Stat. Section 733.212). This notice informs them that:
- The estate is being administered
- They have the right to receive information and object
- They can be represented by an attorney
Step 5: Publish Notice to Creditors
Publish a notice to creditors in a newspaper of general circulation in the county where the probate case is filed, once a week for 2 consecutive weeks (Fla. Stat. Section 733.2121).
This starts the clock on creditor claims:
- Known creditors: 30 days from the date of service of the notice to file a claim
- Unknown creditors: 3 months from the date of first publication to file a claim
- Absolute bar: 2 years from the date of death, all claims are barred regardless of notice (Fla. Stat. Section 733.710)
Step 6: Gather and Inventory Assets (Within 60 Days)
Within 60 days of appointment, the PR must file a verified inventory of all probate assets with the court (Fla. Stat. Section 733.604). The inventory includes:
- Real property (excluding homestead in most cases)
- Bank and investment accounts held solely by the deceased
- Personal property (vehicles, jewelry, collectibles, etc.)
- Business interests
- Debts owed to the deceased
Each asset must be listed with its fair market value as of the date of death.
Step 7: Manage the Estate During Administration
The PR has a fiduciary duty to manage estate assets prudently. This includes:
- Opening an estate bank account
- Collecting income (rents, dividends, final paychecks)
- Maintaining property and insurance
- Keeping detailed records of all transactions
- Not mixing personal funds with estate funds
- Making investment decisions consistent with the prudent investor standard
Step 8: Pay Claims in Priority Order
Once the creditor claims period closes, the PR pays valid claims in the order of priority set by Fla. Stat. Section 733.707:
| Priority | Category | Limit |
|---|---|---|
| 1 | Costs and expenses of administration | Actual amount |
| 2 | Funeral expenses | Up to $6,000 |
| 3 | Debts and taxes with preference under federal law | Actual amount |
| 4 | Medical and hospital expenses of the last 60 days of illness | Actual amount |
| 5 | Family allowance | Up to $18,000 |
| 6 | Debts acquired after death by continuation of the deceased's business | Actual amount |
| 7 | All other claims | Pro rata if insufficient funds |
If the estate does not have enough assets to pay all claims, lower-priority claims receive less or nothing.
Step 9: File Tax Returns
The PR is responsible for filing all required tax returns.
Federal returns:
| Return | When Required | Deadline |
|---|---|---|
| Final Form 1040 (individual) | Always | April 15 of the year after death |
| Form 1041 (estate income) | Estate earns $600+ in income | Fiscal year elected by PR |
| Form 706 (estate tax) | Gross estate exceeds $15,000,000 | 9 months after death (6-month extension available) |
The federal estate tax exemption is $15,000,000 per person (P.L. 119-21, One Big Beautiful Bill Act, signed July 4, 2025). The tax rate on amounts above the exemption is 40%.
Florida returns: None required. Florida has no state income tax, estate tax, or inheritance tax.
For more on taxes, see estate and inheritance tax in Florida.
Step 10: File Final Accounting and Distribute Assets
Before closing the estate, the PR must file a final accounting with the court (Fla. Stat. Section 733.901). The accounting must show:
- All assets received
- All income earned
- All expenses and claims paid
- PR and attorney compensation
- Proposed distribution to beneficiaries
The court reviews the accounting. Once approved, the PR distributes remaining assets according to the will (or intestacy law if there is no will), obtains receipts from beneficiaries, and files a petition to close the estate.
Step 11: Close the Estate
The court enters an order discharging the PR from further duties. The PR's bond (if any) is released. The estate is closed.
Personal Representative Compensation
The PR is entitled to reasonable compensation for their work. Florida follows a statutory fee schedule:
| Estate Compensable Value | PR Fee Percentage |
|---|---|
| First $1,000,000 | 3.0% |
| $1,000,001 to $5,000,000 | 2.5% |
| $5,000,001 to $10,000,000 | 2.0% |
| Over $10,000,000 | 1.5% |
Example: For an estate worth $800,000, the PR fee would be $24,000 (3% of $800,000).
The court can adjust this amount up or down based on the complexity and time involved. The PR can also waive compensation entirely.
Personal Liability
The PR can be held personally liable for:
- Distributing assets before paying valid claims
- Failing to file required tax returns
- Mismanaging estate assets
- Self-dealing or conflicts of interest
- Failing to deposit the will within 10 days (Fla. Stat. Section 732.901)
Liability extends to the PR's personal assets, not just whatever they received from the estate. This is why maintaining careful records and following the statutory process matters.
Typical Timeline by Estate Type
| Estate Type | Expected Duration |
|---|---|
| Summary administration | 1-3 months |
| Simple formal administration | 6-9 months |
| Moderate formal administration | 9-12 months |
| Complex or contested estate | 12-24+ months |
The biggest factors affecting duration are creditor disputes, contested wills, real property sales, tax audits, and disagreements among beneficiaries.
Homestead Considerations for the PR
If the estate includes homestead property, the PR must understand the special rules under Art. X, Section 4 of the Florida Constitution:
- Homestead is generally not a probate asset when it passes to a surviving spouse or heirs
- The PR cannot sell homestead without court approval and compliance with devise restrictions
- If the deceased is survived by a spouse, the spouse has the right to a life estate or a 50% tenancy in common interest (election within 6 months)
- Homestead is exempt from creditor claims (except mortgage, taxes, and mechanics' liens)
- There is no dollar cap on the homestead exemption; size limits are 1/2 acre municipal or 160 acres rural
Frequently Asked Questions
Can the Personal Representative also be a beneficiary?
Yes. It is common for the PR to also be a beneficiary of the estate. However, the PR still has fiduciary duties to all beneficiaries and cannot favor themselves over others.
What if the named PR does not want to serve?
The named PR can decline to serve. The court will then appoint the next eligible person in the priority order. If no one is willing, the court can appoint a professional fiduciary.
Can a PR be removed?
Yes. Any interested person can petition the court to remove a PR for breach of fiduciary duty, incapacity, failure to perform duties, or conflicts of interest (Fla. Stat. Section 733.504).
Does the PR need an attorney?
Yes, unless the PR is the sole beneficiary of the estate. Fla. Stat. Section 733.6171 requires the PR to be represented by an attorney in formal administration.
How does the PR get paid?
PR compensation is paid from estate assets, not from the PR's own pocket. The fee is typically taken at the time of final distribution, though interim fees can be requested with court approval.
What to Do Next
Being appointed as Personal Representative is just the starting point. Each step has its own deadlines and requirements, and missing one can create legal liability.
For the complete picture of what happens after a death in Florida, see what to do when someone dies in Florida. For help understanding the different probate paths, see how probate works in Florida.
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
Disclaimer: This article is for informational purposes only and does not constitute legal, tax, or financial advice. Personal Representative duties vary by estate complexity and individual circumstances. Consult a licensed Florida attorney for advice specific to your situation.
Sources: Florida Statutes Chapters 732, 733; Art. X, Section 4, Florida Constitution; IRS Publication 559; P.L. 119-21 (One Big Beautiful Bill Act, 2025).