The Short Answer

If the executor (called a “personal representative” in Florida) named in the will has died, the estate does not “stop.” Florida probate courts can appoint a successor personal representative, either from any alternate named in the will or—if none is available—based on Florida’s statutory order of preference.

If there were co-executors and one has died, the remaining appointed personal representative(s) can usually continue administering the estate.

What Florida Law Says

Florida law anticipates that a nominated personal representative may be unable to serve (including because they are deceased). If there is a surviving co-personal representative, they generally retain the authority to act. If the personal representative was the sole (or last surviving) one and dies during administration, the probate court must appoint a successor to finish the estate administration. When the will does not provide a workable nominee, the court follows a statutory priority list to decide who has preference to serve.

The Statute

The primary law governing this issue is Fla. Stat. § 733.301.

This statute establishes an order of preference for who the court should appoint as personal representative in a testate (will) estate—starting with the person nominated by the will, then a person chosen by a majority in interest of those entitled to the estate, and then a devisee under the will.

Related Florida statutes also address what happens when a personal representative dies or when there are joint personal representatives:

• Fla. Stat. § 733.307 (succession of administration) requires the court to appoint a successor personal representative when a sole or surviving personal representative dies.
• Fla. Stat. § 733.616 generally allows remaining joint personal representatives to exercise the powers of the group unless the will or a court order provides otherwise.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If someone with statutory “preference” was not properly served with formal notice, they may later seek appointment and the court can revoke prior letters and issue new ones. (See Fla. Stat. § 733.301(4).)
• Burden of Proof: If multiple people seek appointment, the court may choose the “best qualified,” which can turn on evidence about competence, conflicts, and the estate’s needs.
• Exceptions: The will’s wording, whether co-personal representatives were nominated, and whether any nominee is disqualified or unwilling can change who can serve and what authority they have.

Trying to handle this alone can lead to delays, contested hearings, or an appointment that gets challenged—costing the estate time and money.

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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.