The Short Answer

If the probate case is in Florida (even if you live out-of-state), Florida courts generally require the personal representative to have a Florida-based “resident agent” on file to accept service of process and notices in connection with the estate. In practice, this is commonly handled by designating a Florida resident (often the estate’s Florida probate attorney) and filing the required designation/acceptance with the probate court before letters of administration are issued.

What Florida Law Says

Florida probate administration is court-supervised, and the court and interested persons must have a reliable in-state contact for formal notices and service of process involving the personal representative and the estate. This is especially important when the personal representative is managing the estate from outside Florida, because missed service or notice can lead to hearings moving forward without you, deadlines being triggered, or disputes escalating quickly.

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 serve as personal representative unless they fall within specific family/relationship categories (for example, certain close relatives), which is often the first legal hurdle for out-of-state administration.

Why You Should Speak with an Attorney

Even when you are eligible to serve, out-of-state probate administration has traps that can create delays, extra cost, or personal liability. Legal outcomes often depend on:

• Strict Deadlines: Probate is deadline-driven (creditor issues, objections, and hearings). If service/notice is sent to the wrong place or a resident agent isn’t properly on file, you can lose time fast.
• Burden of Proof: If someone challenges your appointment or actions, you may need to prove eligibility, proper notice, and compliance with court requirements—often through filings that must be correct the first time.
• Exceptions: Whether you can serve at all as a nonresident depends on the relationship categories in Florida law, and the “right” solution may be appointing a different personal representative or using a professional/corporate fiduciary depending on the estate’s facts.

For more background on what the job actually involves, see Executor (Personal Representative) responsibilities during Florida probate. If you are still at the beginning of the case, you may also find this helpful: How appointment works when you have the will in Florida.

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.