The Short Answer

In Florida, co-executors (called joint personal representatives) generally have equal authority to access and control estate property for administration—but they do not have a right to take their “share” early just because they are also a beneficiary. If one co-personal representative is blocking access or acting unilaterally, Florida law often requires joint (or majority) action, and the probate court can step in to resolve the dispute and, in serious cases, remove the obstructing personal representative.

What Florida Law Says

Florida probate law treats a personal representative as a fiduciary who must act in the best interests of the estate and the interested persons—not for personal leverage in a family conflict. The personal representative also has the right (and duty) to take possession or control of estate property (with special rules for protected homestead), and co-personal representatives typically must act together (or by majority, depending on the will’s date and the decedent’s date of death) on acts connected with administration and distribution.

The Statute

The primary law governing co-executor decision-making is Fla. Stat. § 733.615.

This statute establishes that, unless the will provides otherwise, the concurrence of all (older estates) or a majority (many modern estates) of joint personal representatives is required for acts connected with administering and distributing the estate, with limited exceptions (such as emergency preservation actions or delegated authority).

Two other statutes often matter in “blocked access” situations: (1) the personal representative’s right and duty to take possession/control of estate property, Fla. Stat. § 733.607, and (2) the fiduciary duty to administer and distribute the estate properly and efficiently, Fla. Stat. § 733.602.

Why You Should Speak with an Attorney

Even when you are a co-executor, disputes about “access” can turn into allegations of breach of fiduciary duty, improper self-dealing, or mishandling estate assets. While the statutes provide the general rules, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate administration is expected to move expeditiously, and delays can trigger court intervention and fee disputes. Florida law emphasizes prompt administration and allows the personal representative to ask the court to resolve disputes when needed. See Fla. Stat. § 733.603.
• Burden of Proof: If you claim the other co-personal representative is “blocking” you improperly, you typically need clear documentation (communications, asset access logs, bank records, inventory/accounting issues) showing obstruction or unilateral action contrary to § 733.615 and the fiduciary duties in § 733.602.
• Exceptions and Remedies: The will’s wording can change the “joint action” rule, homestead can limit control/possession, and serious misconduct can support removal. Florida provides specific grounds to remove a personal representative, including maladministration, failure to comply with court orders, or conflicting interests. See Fla. Stat. § 733.504.

Trying to force access or take property without the right authority can backfire—especially if you are both a fiduciary and a beneficiary. A Florida probate attorney can evaluate the will, the letters of administration, and the asset mix (including homestead issues) and then pursue the right court relief to protect your position.

If you want more background on related issues, see: removing or replacing a personal representative in Florida probate and whether someone can take estate property before probate is finished.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.