Executor

What Is an Executor?

An executor is the person named in a will to manage the deceased person's estate. Florida uses the term personal representative rather than executor, though both terms refer to the same role. The personal representative is appointed by the probate court and has the legal authority and obligation to settle the estate.

Executor vs. Personal Representative

In Florida, there is no legal difference between an executor and a personal representative. The Florida Probate Code (Chapter 731-735, Florida Statutes) exclusively uses the term "personal representative." The term "executor" is a traditional term used in many other states and is commonly understood in everyday language.

• Executor/Executrix — Traditional terms (executrix is the feminine form). Named in the will.
• Administrator — A person appointed by the court when there is no will (intestate estate).
• Personal representative — Florida's unified term covering both executors and administrators.

Executor Duties Under Florida Law

The executor/personal representative's duties are defined by Chapter 733, Florida Statutes:

1. File the will with the probate court and petition for appointment
2. Publish a notice to creditors and serve known creditors
3. Inventory and secure all estate assets within 60 days
4. Manage and protect estate assets during administration
5. Evaluate creditor claims and pay valid debts
6. File the decedent's final income tax returns
7. Distribute remaining assets to the beneficiaries
8. File a final accounting and petition for discharge

Who Can Serve as Executor in Florida?

Under Section 733.302, the personal representative must be at least 18, mentally competent, and either a Florida resident or a close relative of the decedent (spouse, sibling, parent, child, or certain other statutory relatives). Non-resident non-relatives generally cannot serve.

Related Terms

• Personal Representative — Florida's term for executor
• Probate — The process the executor administers
• Will — The document that names the executor
• Beneficiary — Receives distributions from the executor

Barnes Walker Probate Services

Barnes Walker's probate attorneys guide executors through every step of estate administration. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC