How to Choose the Right Personal Representative or Trustee in Florida

When creating your estate plan, one of the most important decisions you’ll make is who will manage your affairs when you’re no longer able to do so. In Florida, that means choosing the right personal representative(often called an executor in other states) for your will, or a trustee for your trust.

These roles come with serious responsibilities, so selecting the right person, or professional, can make a world of difference in how smoothly your estate or trust is handled.

What Does a Personal Representative Do in Florida?

A personal representative in Florida is the individual (or sometimes an institution) appointed in your will to oversee the administration of your estate. Their duties include:

  • Locating and safeguarding assets

  • Paying valid debts, taxes, and expenses

  • Handling probate court filings through your attorney

  • Distributing property according to the terms of your will

  • Communicating with beneficiaries throughout the process

Under Florida probate law, your personal representative must be:

  • A Florida resident, or

  • Related by lineal consanguinity (parent, children, grandchildren, etc.)

  • A close relative (such as a spouse, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to such person, even if they live out of state.

  • and over the age of 18; and
  • Not been convicted of a felony

This ensures that the person you choose is both qualified and legally permitted to serve.

What Does a Trustee Do?

A trustee manages and distributes assets placed in a trust according to your written instructions. Unlike a personal representative, a trustee’s role may continue for many years—especially if your trust provides for minor children, special needs beneficiaries, or long-term asset management.

Trustees in Florida must act in the best interests of the beneficiaries and strictly follow the terms of the trust. This legal obligation is known as a fiduciary duty.

Qualities of a Good Personal Representative or Trustee

When deciding who to appoint, consider these key traits:

  • Trustworthiness and Integrity – They will manage your finances and sensitive personal matters.

  • Organization and Attention to Detail – Both roles involve significant paperwork and deadlines.

  • Good Judgment and Communication Skills – They must keep beneficiaries informed and handle potential disputes calmly.

  • Financial and Legal Understanding – Experience with money management or working with professionals is a plus.

  • Availability and Willingness to Serve – These roles can be time-consuming and should be accepted by someone who’s ready for the responsibility.

Florida-Specific Considerations

Florida’s laws include specific requirements and restrictions for who may serve as a personal representative. For example:

  • Non-residents generally cannot serve unless they are closely related to the decedent.

  • Certain individuals—such as convicted felons or minors—are not eligible.

  • Institutional fiduciaries (such as banks) must be authorized to exercise trust powers in Florida.

Because these details can be complex, it’s always best to consult with a Florida estate planning attorney before naming a representative or trustee in your will or trust.

Final Thoughts

The right personal representative or trustee should be reliable, fair-minded, and capable of handling both practical and emotional challenges. Choosing wisely now can help your loved ones avoid unnecessary stress later.

If you’re unsure who to appoint—or whether a professional fiduciary might be the best choice—our office can help. As experienced Florida estate planning attorneys, we guide clients through every step of will and trust preparation to ensure their wishes are carried out with care and compliance.