How to Apply to Be Appointed Personal Representative of a Deceased Relative’s Estate (Florida)

This FAQ-style guide explains, in plain language, how to apply to be appointed the personal representative (sometimes called an executor or administrator) of a deceased relative’s estate under Florida law. This is an educational overview only and is not legal advice.

Detailed Answer — Step-by-step process under Florida law

1. Understand what a personal representative does

The personal representative manages the decedent’s estate, pays valid debts and taxes, collects assets, and distributes property to heirs or beneficiaries according to the will or Florida law. The role carries legal duties and deadlines.

2. Find out whether the decedent left a will

If there is a valid will, it usually names a personal representative. A named person typically files the petition to be appointed. If there is no will (intestacy), Florida law sets a priority order for who may be appointed. See Florida’s probate statutes for appointment priorities and definitions: Florida Statutes Chapter 731 and the administration rules in Florida Statutes Chapter 733.

3. Where to file

File the petition for administration in the Circuit Court in the county where the decedent was domiciled (lived) at death. The clerk of the circuit court handles probate filings. Many counties provide online or in-person guidance and required forms.

4. Prepare the petition and required documents

Typical documents you will need to file include:

Petition for administration or petition for appointment as personal representative (local or statewide form).
Original last will and testament (if one exists).
Certified death certificate.
Names, addresses, and relationships of heirs and beneficiaries (known persons entitled to notice).
A description of known assets and estimated values (bank accounts, real estate, personal property).
Oath and acceptance of appointment (often filed after appointment).
Bond or proof that bond is waived (see below).

5. Bond requirement

Florida courts may require a fiduciary bond to protect estate creditors and heirs. A will can waive or limit bond for a named personal representative if the will includes that provision and the court approves. See the probate provisions in Chapter 733, Florida Statutes for bond rules.

6. Notice to interested persons and creditors

After you file, the clerk will set things in motion for giving notice to beneficiaries, heirs, and creditors. Florida’s probate rules require service of notice to interested persons and may require publication for unknown creditors. The estate cannot be fully administered without following notice rules and allowing time for objections.

7. Court review and issuance of Letters of Administration (Letters Testamentary)

If the court approves your petition, it will enter an order appointing the personal representative and issue Letters of Administration (or Letters Testamentary when there is a will). Those letters are the court’s proof of your authority to act for the estate (for example, to access accounts, sell property, or transfer assets).

8. Duties after appointment

As personal representative you will have duties such as:

Inventory estate assets and file required inventories with the court.
Notify and pay valid creditors and file tax returns for the decedent and the estate if required.
Manage and protect estate assets, including maintaining insurance and paying bills.
Distribute assets to beneficiaries per the will or Florida intestacy law after debts and expenses are paid.
File a final accounting or petition for discharge when administration is done and the court closes the estate.

9. Alternatives: summary administration and small estates

Florida provides a streamlined process called summary administration for certain small estates or when the decedent has been dead for a set period and the estate qualifies. Summary administration can be faster and less formal. See the statutes addressing simplified or summary probate procedures at the Florida legislative site: Florida Statutes Chapter 735 (summary procedures).

10. Contested appointments and disputes

Anyone with standing (an interested person) can contest an appointment or a will. Contested matters require hearings, evidence, and sometimes extended litigation. If someone objects to your appointment, the court will schedule a hearing to decide who should be appointed.

Helpful Hints

Locate the original will and certified death certificate before filing. The court will want originals.
Call the county clerk of court or visit its website for local probate forms and filing fees. Procedures and forms vary by county.
Prepare a simple list of assets and account numbers; courts and financial institutions often require this to issue checks or release assets.
If the will waives bond, file the will provision that waives bond—bring evidence to the clerk to avoid unnecessary bond costs.
Give timely notice to beneficiaries and known creditors. Failure to follow notice rules can delay closing the estate or expose you to liability.
Consider getting an attorney if the estate is large, contains real estate, has complex taxes, or if disputes are likely. An attorney can prepare documents, represent you at hearings, and help avoid mistakes that cause personal liability.
Keep careful records of all estate transactions, receipts, and distributions—courts often require accounting before final discharge.
Use official state resources: Florida statutes (Chapters 731 and 733) for probate rules and Chapter 735 for summary procedures: Chapter 731, Chapter 733, Chapter 735.

When to get help

Talk to a probate attorney or the county clerk if you are unsure about priority for appointment, bond requirements, or the proper forms and notices. Court clerks can usually point you to local forms and filing procedures but cannot give legal advice about what you should do in contested or complex matters.

Quick checklist before filing

Confirm county of the decedent’s domicile.
Locate original will (if any) and obtain certified death certificate.
Prepare a list of heirs and beneficiaries with addresses.
Assemble asset list and estimated values.
Check county clerk website for forms and filing fees.
Determine whether bond is required or waived by the will.
File the petition and follow notice requirements strictly.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting with a licensed attorney about your specific situation.