Can I Serve as an Executor (Personal Representative) in Florida If I Live Out of State? | Florida Probate | FastCounsel
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Can I Serve as an Executor (Personal Representative) in Florida If I Live Out of State?

Can I Serve as Executor or Administrator of An Estate in North Carolina If I Am Not a Resident? - Florida

The Short Answer

In Florida, you generally cannot serve as the executor (called a “personal representative”) if you are not a Florida resident—unless you fall into a specific family-relationship exception. Whether you qualify depends on your relationship to the person who died and whether any disqualifying issues apply.

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 Eligibility Rules: Nonresident eligibility turns on precise family relationships under Fla. Stat. § 733.304, and disputes can arise over whether someone fits an exception.
  • Burden of Proof: You may need to prove domicile/residency status and the qualifying relationship, and address any statutory disqualifications under Fla. Stat. § 733.303.
  • Practical & Procedural Risks: If you are not qualified and still attempt to act, it can trigger delays, objections, or even removal—costing the estate time and money.

If you are out of state, it is also common to need a Florida-based point of contact for service and court communications. For more background, see designating a resident process agent in a Florida probate case and what a Florida personal representative is responsible for.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.