Naming the person who will settle your estate is one of the most consequential choices in a Boca Raton estate plan. In Florida, this person is called the personal representative rather than “executor,” and the rules about who can serve are stricter than many people expect. Below we answer the questions clients raise most often.
Does my personal representative have to live in Florida?
This is the worry we hear most from Boca Raton families with relatives up north. Under Florida law (Chapter 733), a nonresident can only serve if they are closely related to you, such as a spouse, child, parent, sibling, or another lineal relative. A close friend in New Jersey or a colleague in another state generally cannot serve. If your first choice lives outside Florida and is not related, you should name a qualified Florida resident instead, or rethink your selection entirely.
Who is disqualified from serving?
Florida bars anyone who has been convicted of a felony, anyone mentally or physically unable to perform the duties, and anyone under 18. A common surprise: a person who is otherwise perfect but has an old felony record cannot serve. It is worth confirming eligibility now rather than discovering the problem during formal administration in the Palm Beach County probate court.
What should I actually look for in a personal representative?
Beyond legal eligibility, look for someone organized, trustworthy, and even-tempered. The role involves gathering assets, paying valid creditor claims, filing with the court, and distributing what remains to beneficiaries. Florida has no state estate or inheritance tax, which simplifies the financial picture, but the administrative work is still real. A person who handles their own bills responsibly is usually a better fit than the relative with the biggest personality.
Should I name a family member or a professional?
For straightforward estates, a capable adult child or spouse often serves well. For blended families, contentious heirs, or larger estates, a neutral professional or institution can reduce friction. Boca Raton sees many second marriages and out-of-state heirs, situations where neutrality is genuinely valuable. Remember that Florida allows a personal representative to receive reasonable statutory compensation, so a professional is not always more expensive than the conflict a family member might trigger.
What about naming co-representatives?
Naming two children together to keep peace can backfire. Co-representatives must often act jointly, so if they disagree about selling the family condo near downtown, administration stalls. If you want a backup, name a clear successor instead of forcing two people to share authority.
How does my choice affect probate?
Whether your estate qualifies for summary administration (smaller estates or those where the decedent has been dead over two years) or formal administration, a prepared personal representative keeps the process moving. A disorganized one can drag a formal administration out for many extra months. Naming the right person up front is one of the simplest ways to spare your family delay.
A note before you decide
The rules on residency, eligibility, and compensation are specific to Florida and can change with your circumstances. Before finalizing your will under section 732.502, talk with a licensed Florida estate planning attorney serving the Boca Raton area who can confirm your chosen representative qualifies and structure the appointment to match your family’s needs.
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For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles .