The person you name to settle your estate carries real responsibility, and choosing the wrong one can stall a Miami-Dade probate for months. In Florida, this person is called the personal representative rather than an executor, but the job is the same: gather assets, pay debts, and distribute what remains. Use this checklist to choose wisely.
Confirm Your Choice Can Legally Serve
Florida has specific eligibility rules under the Probate Code. A personal representative must be at least 18 and mentally and physically capable. A person convicted of a felony generally cannot serve. Florida also restricts out-of-state individuals: a nonresident can serve only if they are a close relative, such as a spouse, child, parent, or sibling, or related by blood. This matters in Miami, where many families have relatives scattered across other states and countries.
Understand What the Job Actually Demands
- Filing the will and opening probate in the Miami-Dade Circuit Court.
- Identifying, securing, and valuing assets, from bank accounts to real estate.
- Giving notice to creditors and resolving valid claims within statutory deadlines.
- Filing tax returns and handling final expenses (note Florida has no state estate or inheritance tax).
- Distributing assets to beneficiaries and closing the estate.
Match the Person to the Process
Florida offers two main paths. Summary administration may be available for smaller estates or when the death occurred more than two years ago, and it is faster and lighter. Formal administration is the standard process for larger estates and requires a personal representative who can work with an attorney over several months. Florida law generally requires the personal representative in a formal administration to be represented by counsel.
Weigh These Qualities
- Trustworthiness above all, since this person handles your money and your family’s expectations.
- Organization and follow-through, because deadlines drive probate.
- Even temperament to manage family dynamics and grief.
- Availability, ideally someone who can attend to Miami-Dade filings and local property.
Plan for Backups and Compensation
- Always name at least one successor in case your first choice declines or cannot serve.
- Consider a professional or institutional personal representative for complex estates or where family conflict is likely.
- Know that Florida law allows reasonable compensation for the personal representative, often calculated as a percentage of the estate, which you can discuss or address in your will.
Have the Conversation Now
Tell the person you intend to name, confirm they are willing, and let them know where your original will is stored. An original will is required to probate in Florida, so a lost original creates serious complications. Keep your nominee informed as your assets and family change.
Florida’s residency and eligibility rules, plus the choice between summary and formal administration, make the right selection more nuanced than it first appears. A licensed Florida estate planning attorney can help you name a personal representative who can actually serve and guide your Miami family through probate.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
