The Short Answer

In Florida, the person commonly called an “executor” is the personal representative. If you have the original will and you’re nominated to serve, you generally start the case by filing a petition for administration in the Florida circuit court (probate division) in the proper county and asking the court to issue Letters of Administration appointing you.

Because Florida probate has strict notice rules and eligibility requirements (especially for out-of-state personal representatives), it’s wise to speak with a Florida probate attorney before you file anything.

What Florida Law Says

Florida probate is a court-supervised process. Even if you physically possess the will, you do not have authority to act for the estate until the court opens the probate case and appoints a personal representative. Any “interested person” can ask the court to open an estate administration, and the court will generally follow the will’s nomination unless there is a legal problem with the nominee or a dispute.

The Statute

The primary law governing the initial filing to open a probate administration is Fla. Stat. § 733.202.

This statute establishes that any interested person may petition for administration—which is the legal request that starts the probate case and leads to the court issuing letters appointing the personal representative.

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 Deadlines: Probate disputes can be cut off if interested persons receive formal notice and do not act in time. Florida law limits later challenges in certain situations once formal notice is served and letters are issued. See Fla. Stat. § 733.2123.
• Burden of Proof: If someone contests the will or seeks to revoke probate, the estate can be pulled into litigation that affects distributions and timing. See Fla. Stat. § 733.109.
• Eligibility & Appointment Issues: Florida has specific qualification rules for who can serve, including restrictions on nonresidents and disqualifications for certain individuals. See Fla. Stat. §§ 733.302–733.304.

Trying to handle this alone can lead to delays, rejected filings, or avoidable conflict—especially if there are multiple heirs, a blended family, out-of-state parties, or questions about which Florida county is the correct venue.

If you want more background on what the job involves after appointment, you may find this helpful: Executor (Personal Representative) responsibilities during Florida probate. If your question is really about getting appointed, see: How to become the personal representative in Florida.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.