Florida Probate with an Out-of-State Executor – Personal Representative

Florida Probate with an Out-of-State Executor

Probate technically means the proving of a deceased person’s Will. It also means the time during which the executor or personal representative settles the deceased person’s estate. The whole probate process can be time consuming, and it’s even worse when the executor doesn’t live nearby. Proceedings in a Florida court with an out-of-state executor require a little extra attention.

Probate Proceedings in General.

There are two primary forms of probate administration in Florida: formal administration and summary administration. Informal administration, which does not require court supervision, is called “Disposition of Personal Property Without Administration.”

Executor Duties.

An executor’s duties include gathering a decedent’s assets, paying valid claims against the estate, and then disbursing remaining assets to the heirs according to the terms of the Will.

If there’s no Will, then an individual will file an application with the court asking to be appointed as personal representative (again, another word for executor) of the estate. The person serving in this capacity has the same duties as he or she would where there is a Will, but there may be more court supervision.

Difficulties with an Out-of-State Executor.

First, any Florida resident may serve as personal representative of an estate, barring other exclusions like being under the age of 18 or having been convicted of a felony. The Probate Code states that a non-resident is not qualified to serve as personal representative of an estate unless that person is:

  1. The legally adopted child or adoptive parent of the decedent;
  2. A person who is related to the decedent in a direct blood line (parent, child, grandparent, grandchild, etc.)
  3. A spouse or a brother, sister, uncle, aunt, nephew or niece of the decedent, or someone related in a direct blood line to any such person; or
  4. The spouse of a person otherwise qualified under this section.

So, the first hurdle for an out-of-state executor is to prove that he or she is qualified to serve under Florida law. Once a non-resident qualifies to be the personal representative, the duties are the same – just long distance. Having a local advocate who understands Florida probate is a necessity.

Get the Expert Advice You Need.

If you’re serving as an out-of-state executor, a local attorney can walk you through the probate process. John Mangan is an experienced Florida estate planning attorney who is board certified in Wills, Trusts & Estates by the Florida Bar. At Law Offices of John Mangan, P.A., we have assisted many clients with Florida probate. Call us at 772-324-9050 to set up an appointment or use our convenient Contact Form.