The person responsible for administering a Florida probate estate is called the personal representative. Other states may use the term executor or administrator. Choosing that person deserves care: the role combines practical organization, communication, and fiduciary responsibilities.
Authority and protection of estate property
A nomination in a will identifies the person you prefer, but appointment and qualification must be addressed through the applicable probate process. Once authorized, the personal representative identifies and collects probate assets, protects property, maintains records, and administers the estate under the will and Florida law.
The duty is to act prudently and in the interests of the estate and interested persons as the law requires. It is not a guarantee that market values will never fall. Decisions to retain, sell, invest, insure, or repair property must be made with appropriate care and authority. Lawyers, accountants, appraisers, and other professionals may assist with the work.
Claims, expenses, and taxes
The personal representative must follow the procedures for creditor notice, evaluate claims, and pay valid obligations in the required order. A bill should not be paid merely because it arrives, and beneficiaries should not receive premature distributions that leave the estate unable to meet its obligations.
Taxes involve several distinct questions. The deceased person’s final individual income-tax return may be required. The estate may also have its own income-tax filing obligation for income earned during administration. An estate-tax return is a separate matter and may be required or useful for an election even when no tax is due. An appropriate tax adviser can help determine the filings and deadlines.
Distribution and family protections
Probate property is distributed under a valid will or, to the extent the will does not effectively dispose of it, the applicable intestacy rules. Florida also provides certain protections for surviving spouses and family members, including rules concerning homestead, elective share, exempt property, and pretermitted spouses or children.
Those protections do not mean that every child omitted from a will automatically receives an inheritance. An adult child can generally be intentionally omitted, subject to the particular rules and property involved. The personal representative should obtain advice before assuming either that an omission is decisive or that it must be disregarded.
Communication and closing the estate
Beneficiaries need appropriate information, and required inventories, accountings, and notices must be addressed. After administration is complete, the personal representative follows the applicable process for final distribution and discharge.
We help clients choose suitable fiduciaries and guide personal representatives through probate administration. Clear advice and orderly records can make a demanding responsibility more manageable.
Sources: Personal representative duties; Florida family-protection provisions; IRS guidance for decedents.
Updated October 26, 2026.