Who Does What in Your Florida Estate Plan?

By Spiro Verras

When my clients and I discuss wills, trusts, financial powers of attorney, health care documents and guardian nominations, we also talk about the people who will carry out the plan. The titles can sound similar, but each role has a different source of authority and a different purpose. Here is how I explain the distinctions.

Florida uses the term personal representative for the fiduciary who administers a probate estate. A will can nominate that person, but the court makes the appointment. Someone can also serve when there is no will. A Florida resident must meet the statutory qualifications; a nonresident individual must have one of the qualifying relationships listed in section 733.304. Not every relative qualifies. The representative gathers and safeguards assets, addresses valid claims and taxes, keeps records and distributes property under the will and law. Required accountings and notices depend on the proceeding and applicable waivers. Compensation is governed by the documents, agreements and Florida law. Formal-administration representatives generally need Florida legal counsel, with limited exceptions under Probate Rule 5.030, including a representative who remains the sole interested person.

A trustee manages property held in a trust. Many clients serve as the initial trustee of their revocable living trust and name a successor for death, incapacity or resignation. The successor must accept the role and establish authority under the trust and law. While a Florida trust remains revocable, duties are owed exclusively to the settlor. After it becomes irrevocable, qualified beneficiaries generally have rights to notices, information and accountings under the applicable rules. Annual accountings are not simply owed to every “residual beneficiary” in every trust. The trustee follows the trust’s terms, manages investments prudently and keeps appropriate records. For a trust requiring long-term administration, I help clients compare suitable individuals and professional or corporate trustees, including continuity, availability and reasonable compensation.

An agent under a durable financial power of attorney acts for the principal, who is the person granting authority. Every agent is a fiduciary, including a friend or family member. The document defines the permitted financial and legal acts, and certain powers require specific authorization. Florida powers of attorney generally take effect when executed, with limited exceptions for qualifying older springing documents and certain military powers. Durability permits authority to continue during incapacity; it does not postpone the starting date. I discuss careful agent selection, limited powers, successors and, where appropriate, co-agent arrangements. Requiring joint action can provide oversight but may also delay transactions. Copies may be usable, so merely holding the original is not equivalent to making authority springing. Under section 709.2112, only a statutorily qualified agent may receive compensation, and the document and reasonableness requirements also matter. Authority ends at the principal’s death.

A health care surrogate receives health information and makes the decisions authorized by the designation and law. The document can expressly authorize immediate access to information or decision-making authority, while the principal retains control of decisions while capable. Otherwise, the statutory incapacity process governs. I encourage clients to choose someone who understands their preferences, can communicate with providers and is willing to serve. We discuss alternates and any proposed shared authority carefully so the arrangement remains practical when decisions are time-sensitive. A living will separately records treatment directions under the applicable conditions.

A guardian receives authority from a court. I discuss both nominations for minor children and preneed nominations for adults as part of estate planning. A nomination is not itself an appointment and does not displace a surviving parent’s rights. Adult guardianship requires the applicable judicial findings and consideration of less restrictive alternatives, including whether existing decision-making documents adequately address the person’s needs. A guardian’s authority may concern the person, property or specified decisions, depending on the order. Court supervision, reports, accountings and compensation requirements vary with the role; confidential information is not automatically available to every family member. Verras Law provides planning and nominations. We generally do not accept new guardianship matters except for existing clients. For new guardianship matters outside that scope, we can help arrange a referral to trusted colleagues.

Choosing the right people is as important as choosing the documents. Contact Verras Law to arrange a consultation with me in Palm Harbor, by Zoom, or by appointment at our Tampa or St. Petersburg consultation locations.

Sources: Florida Statutes § 733.304; Florida Statutes § 709.2112; Florida Statutes § 736.0813; Florida Statutes § 765.202.

Updated October 26, 2026.