Can I Serve as Executor or Administrator of An Estate in North Carolina If I Am Not a Resident? - Florida
The Short Answer
In Florida, you generally cannot serve as the executor (called a “personal representative”) if you are not a Florida resident—unless you fall into a specific family-relationship exception. Whether you qualify depends on your relationship to the person who died and whether any disqualifying issues apply.
What Florida Law Says
Florida probate law sets baseline qualifications for who can be appointed as a personal representative, and then places additional limits on nonresidents. Even if a will names you, the court can only issue “letters of administration” if you meet Florida’s statutory qualifications.
The Statute
The primary law governing this issue is Fla. Stat. § 733.304.
This statute establishes that a person who is not domiciled in Florida generally cannot qualify as personal representative unless they are within certain categories of close relatives (including, for example, a spouse, certain blood relatives, certain adopted relationships, and certain relatives connected through lineal consanguinity as described in the statute).
Florida also provides the general qualification rule in Fla. Stat. § 733.302 (who may be appointed), and lists disqualifications such as certain criminal convictions or incapacity in Fla. Stat. § 733.303.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Eligibility Rules: Nonresident eligibility turns on precise family relationships under Fla. Stat. § 733.304, and disputes can arise over whether someone fits an exception.
- Burden of Proof: You may need to prove domicile/residency status and the qualifying relationship, and address any statutory disqualifications under Fla. Stat. § 733.303.
- Practical & Procedural Risks: If you are not qualified and still attempt to act, it can trigger delays, objections, or even removal—costing the estate time and money.
If you are out of state, it is also common to need a Florida-based point of contact for service and court communications. For more background, see designating a resident process agent in a Florida probate case and what a Florida personal representative is responsible for.
Get Connected with a Florida Attorney
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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.