In Florida, the person who settles your estate is called the personal representative, not an executor, though most Miami residents use the terms interchangeably. Choosing this person is partly about trust and partly about meeting Florida’s specific eligibility rules. Picking the wrong person can stall probate in Miami-Dade for months.
First, Florida’s Eligibility Rules
Under sections 733.302 to 733.304, an individual personal representative must be 18 or older, mentally and physically able to serve, and never convicted of a felony. The catch that surprises many Miami families: a non-resident can only serve if they are a close relative, such as a spouse, child, parent, sibling, or someone related by blood or marriage. A trusted college roommate who moved to Atlanta does not qualify. A Florida resident, by contrast, can serve regardless of relationship.
Option 1: A Family Member
The most common choice is a spouse or adult child. The advantage is trust and low or no fee. The risk is capacity and conflict. Settling an estate means inventorying assets, paying creditors, filing with the court, and sometimes selling a Brickell condo or a home in Kendall. If your family is geographically scattered or prone to friction, a single family member can become a lightning rod.
Option 2: A Trusted Professional
You may name your attorney, accountant, or another professional. They charge a fee but bring neutrality and experience with Miami-Dade probate procedure. This option shines when the estate is large, includes a business, or when you expect beneficiaries to clash.
Option 3: A Bank or Trust Company
A corporate fiduciary never dies, never moves, and follows process precisely. The trade-off is cost and a less personal touch. For substantial estates with no obvious individual choice, a Florida-licensed trust company can be the steadiest hand.
What the Job Actually Requires
Florida personal representatives must usually be represented by an attorney in formal administration, post bond unless waived, give notice to creditors, and account to beneficiaries. Whether the estate qualifies for faster summary administration (estates under $75,000 or where the decedent died more than two years ago) or requires formal administration affects how heavy the workload is. A simpler estate forgives an inexperienced personal representative; a complex one does not.
Practical Tips
Name a successor in case your first choice cannot serve. Choose someone organized and even-tempered, not simply the oldest child. Confirm they are willing. And remember Florida has no state estate or inheritance tax, so your personal representative’s job is administration, not state death-tax planning, though federal rules may still apply to very large estates.
This is general information, not legal advice. Eligibility and probate duties in Florida are precise. Consult a licensed Florida estate planning or probate attorney before naming or serving as a personal representative in Miami.
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