The Adams Law Firm, P.A.

​FloridA Estate planning, Florida Probate & Guardianship

(407) 456-8667

Questions and Answers on Florida Personal Representatives

Q: How much money can a Personal Representative in Florida be paid?

A: The personal representative, the attorney, and other professionals whose services may be required in administering the probate estate (such as appraisers and accountants), are entitled by law to reasonable compensation. The personal representative’s compensation is usually determined in one of five ways: 
(1) as set forth in the will;
(2) as set forth in a contract between the personal representative and the decedent;
​(3) as agreed among the personal representative and the persons who will bear the impact of the personal representative’s compensation; (4) the amount presumed to be reasonable as calculated under Florida law, if the amount is not objected to by any of the beneficiaries; or
(5) as determined by the judge.

Q: What if more than one qualified person want to be personal representative in Florida? 

A: If the decedent did not have a valid will, the surviving spouse has the first right to be appointed by the judge to serve as personal representative. If the decedent was not married at his or her death, or if the decedent’s surviving spouse declines to serve, the person or institution selected by a majority in interest of the decedent’s heirs will have the second right to be appointed as personal representative. If the heirs cannot agree among themselves, the judge will appoint a personal representative after a hearing is held for that purpose. 

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Florida Personal Representative or  Executor

In florida probate, formal administrations require the appointment of a personal representative, who usually will hire the attorney for the estate. The are several ways to determine the priority for appointment as personal representative for the estate, including:


  • Named Personal Representative in Will;

  • Majority of Beneficiaries Agree;

  • Statutory Presumptions of Priority Based on Relationship with Decedent;

 

In Florida, most people can qualify to be a Personal Representative. The only disqualifications are:


  • Felony Conviction;

  • Minor; 

  • Incompetent / Lack of Capacity; 

  • Misdemeanor Convictions for Crimes of Moral Turpitude;

  •  Non-residents who are not closely related to the decedent. 

 

Florida Personal Representatives or Executors usually qualify to be compensated by the estate for their efforts. The amount of compensation can be determined several different ways, including:


  • Stated in the Will;

  • Agreed by the Beneficiaries;

  • Determined by Statute;

  • Determined by Judge.