By your situation · Personal representatives who live outside Florida

Out-of-state executor

Who can serve as personal representative of a Florida estate while living outside Florida, and what the court requires.

A person who is not domiciled in Florida cannot qualify as personal representative of a Florida estate unless the person is on the list in § 733.304, Fla. Stat. (2026). The list covers a legally adopted child or adoptive parent of the decedent; a person related to the decedent by lineal consanguinity (direct-line blood relatives such as a parent, child, grandparent or grandchild); a spouse, brother, sister, uncle, aunt, nephew or niece of the decedent, or someone related by lineal consanguinity to any of them; and the spouse of a person otherwise qualified under the section.

A friend or business associate who lives outside Florida is not on that list and cannot qualify, even when the will names that person. A person who is sui juris and a resident of Florida at the time of the decedent's death is qualified under § 733.302, Fla. Stat. (2026), and § 733.303(1), Fla. Stat. (2026) disqualifies a person who has been convicted of a felony, has been convicted of abuse, neglect or exploitation of an elderly person or disabled adult, is mentally or physically unable to perform the duties, or is under 18.

The court appoints the personal representative and issues letters of administration. Before letters issue, the petition states whether the person is a Florida resident and, if not, the person's relationship to the decedent under § 733.304 (Fla. Prob. R. 5.200(k)(5) (Oct. 15, 2026 ed.)), the person files an oath (Fla. Prob. R. 5.320), and a designation of address and of a resident agent is filed (Fla. Prob. R. 5.110(a) and (b)). A bond is required unless the will or the court waives it, and the bond requirement does not apply to banks and trust companies authorized by law to act as personal representative (§ 733.402(1) and (3), Fla. Stat. (2026)).

The implications

What this means for you

Relationship test. For a nonresident, the test is the relationship list in § 733.304, not the order of preference alone. Preference among qualified persons follows § 733.301(1)(a), Fla. Stat. (2026): the person nominated in the will, then a person selected by a majority in interest of the persons entitled to the estate, then a devisee.
Appointment of a person who is not qualified is a ground for removal. A personal representative who was not qualified at the time of appointment shall be removed and the letters revoked (§ 733.504, Fla. Stat. (2026)). Removal of domicile from Florida is also a cause for removal if domicile was a requirement of the initial appointment (§ 733.504(11)).
Resident agent. Before letters issue, the personal representative files a designation of a resident agent for service of process or notice, signed by the agent in acceptance (Fla. Prob. R. 5.110(b) and (d)). The designation is not required if the personal representative is a corporate fiduciary with an office in Florida or a Florida Bar member who lives and has an office in Florida (Fla. Prob. R. 5.110(b)). The agent must live in the county where the proceeding is pending unless the agent is a Florida Bar member who lives in Florida (Fla. Prob. R. 5.110(c)).
Florida attorney. A personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person (Fla. Prob. R. 5.030(a) (Oct. 15, 2026 ed.)).
Addresses. The personal representative files a street address and mailing address, and an individual also files a residence address. A change of any of them is reported to the court within 20 days (Fla. Prob. R. 5.110(a)).
Bond. The court sets the amount after considering the gross value of the estate, the personal representative's relationship to the beneficiaries, exempt property and any family allowance, the type of assets, known creditors, and liens and encumbrances (§ 733.403, Fla. Stat. (2026)). The court may waive, require, increase or decrease the bond on petition or on its own motion (§ 733.402(4); Fla. Prob. R. 5.235(c)).
Signing from outside Florida. An online notary public located in Florida may notarize the signature of a principal who is outside Florida by audio-video technology, once the notary confirms the principal wants a Florida notarial act (§ 117.265(1) and (3), Fla. Stat. (2026)). When a document must be verified, the verification may be made by a written declaration under penalty of perjury instead of a notarized oath (§ 92.525(1), Fla. Stat. (2026); Fla. Prob. R. 5.020(e)).
Where the case is filed. Venue is the Florida county where the decedent was domiciled; if the decedent was not domiciled in Florida, any county where the decedent's property is located (§ 733.101(1), Fla. Stat. (2026)).
Taxes. The decedent's federal income tax return is made by the executor, administrator or other person charged with the decedent's property, and an estate with gross income of $600 or more for the taxable year files a return (26 U.S.C. § 6012(b)(1) and (a)(3)).

The fit

Which path applies

Each path below links to its page with the statutes and rules that apply.

Formal Administration

A personal representative is appointed and receives letters; the decedent lived in Florida or the estate is not eligible for summary administration

Clerk fee up to $395 + $4

Ancillary Administration

The decedent was not domiciled in Florida and left assets in Florida (§ 734.102(1))

Clerk fee up to $395 + $4

Summary Administration

One order distributes the estate and no personal representative is appointed; estate of $150,000 or less, or a death more than 2 years ago (§ 735.201(2))

Clerk fee up to $340 + $4

The pitfalls

Common problems

Each item cites the statute or rule it comes from.

Serving without being on the § 733.304 list. A nonresident who is not a listed relative cannot qualify, and an appointment made anyway is a ground for removal (§ 733.304; § 733.504).
Naming a corporate fiduciary that is not authorized in Florida. The statute covers Florida trust companies, state banks and savings associations authorized and qualified to exercise fiduciary powers in Florida, and national banks and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida (§ 733.305(1), Fla. Stat. (2026)).
No resident agent on file before letters. The designation and acceptance are filed before letters issue, unless an exception in Fla. Prob. R. 5.110(b) applies (Fla. Prob. R. 5.235(a)(3)).
Moving out of Florida after appointment. If domicile was a requirement of the initial appointment, removal of domicile is a cause for removal (§ 733.504(11)). The court is notified of an address change within 20 days (Fla. Prob. R. 5.110(a)).
Joint personal representatives acting alone. When two or more are appointed, a majority must concur on acts connected with the administration and distribution of the estate, with the exceptions in § 733.615(1), Fla. Stat. (2026).
Missing Florida assets of a nonresident decedent. If a nonresident dies leaving assets in Florida, credits due from Florida residents, or liens on Florida property, letters are issued under § 734.102(1), and the proceeding follows an original administration as closely as possible (§ 734.102(4)).
Tax returns. The decedent's final return and any estate return are the responsibility of the person charged with the property (26 U.S.C. § 6012(b)(1)).

The FAQ

Frequently asked questions

I am a friend named in the will and I live outside Florida. Can I serve as personal representative?+−

No, unless you are a Florida resident or fit a relationship in § 733.304. A friend who does not live in Florida is not on the list. If the person named in the will is not qualified, letters are granted under § 733.301, Fla. Stat. (2026): first a person selected by a majority in interest of the persons entitled to the estate, then a devisee, and if no one applies, a capable person the court appoints (§ 733.301(1)(a); § 733.301(3); § 733.303(2)).

Which relatives can serve as personal representative from outside Florida?+−

§ 733.304, Fla. Stat. (2026) lists a legally adopted child or adoptive parent; a person related by lineal consanguinity; a spouse, brother, sister, uncle, aunt, nephew or niece; a person related by lineal consanguinity to any of those relatives; and the spouse of a person otherwise qualified. A son-in-law or daughter-in-law is the spouse of the decedent's child and so falls in the last group.

Does a personal representative who lives out of state need a Florida lawyer?+−

Yes, unless the personal representative remains the sole interested person. Every personal representative must be represented by an attorney admitted to practice in Florida, and a personal representative who is a Florida attorney may represent himself or herself (Fla. Prob. R. 5.030(a) (Oct. 15, 2026 ed.)).

Is a resident agent required?+−

Yes, unless an exception applies. A designation of resident agent and the agent's acceptance are filed before letters issue. It is not required for a corporate fiduciary with an office in Florida or for a Florida Bar member who lives and has an office in Florida (Fla. Prob. R. 5.110(b) (Oct. 15, 2026 ed.)).

Is a bond required?+−

Yes, unless the will or the court waives it. Every fiduciary to whom letters are granted files a bond with surety, payable to the Governor, unless the requirement is waived by the will or by the court (§ 733.402(1), Fla. Stat. (2026)). The requirement does not apply to banks and trust companies authorized by law to act as personal representative (§ 733.402(3)). The amount reflects the factors in § 733.403.

Can I sign the court papers without traveling to Florida?+−

Yes, for the acts the statutes address. An online notary public physically located in Florida may notarize for a principal located outside Florida (§ 117.265(1), Fla. Stat. (2026)). A document that must be verified may be verified by the written declaration in § 92.525(2), Fla. Stat. (2026), which Fla. Prob. R. 5.020(e) repeats in substance. The rules the page cites do not state a separate attendance requirement for a nonresident personal representative.

In which county is the estate opened?+−

In the Florida county where the decedent was domiciled. If the decedent was not domiciled in Florida, venue is any county where the decedent's property is located (§ 733.101(1), Fla. Stat. (2026)).

What if the decedent lived outside Florida and left a Florida property?+−

The Florida proceeding is an ancillary administration. A personal representative specifically designated in the will to administer the Florida property is entitled to ancillary letters if qualified to act in Florida; otherwise the foreign personal representative is entitled to letters if qualified (§ 734.102(1), Fla. Stat. (2026)). The petition includes an authenticated copy of the domiciliary proceedings (Fla. Prob. R. 5.470(a)). See Ancillary Administration.

Can two people serve together, one in Florida and one elsewhere?+−

Joint personal representatives may be appointed, and both must be qualified. Unless the will provides otherwise, a majority must concur on acts connected with administration and distribution (§ 733.615(1), Fla. Stat. (2026)). A nonresident co-representative still must meet § 733.304.

Who files the decedent's final tax return?+−

The executor, administrator or other person charged with the decedent's property makes the decedent's return, and an estate with gross income of 600 dollars or more for the taxable year files a return (26 U.S.C. § 6012(b)(1) and (a)(3)).

In short

A personal representative who lives outside Florida can be appointed if related to the decedent as listed in § 733.304. Letters issue after the petition, oath, resident agent designation and any required bond are filed (Fla. Prob. R. 5.235).

Last checked: October 19, 2026

Sources

Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site.

§ 733.304, Fla. Stat. (2026), Nonresidents. The Florida Senate. Relationships that qualify a person not domiciled in Florida to serve. Plain-English page on this site.
§ 733.302, Fla. Stat. (2026), Who may be appointed personal representative. The Florida Senate. A sui juris Florida resident at the decedent's death is qualified.
§ 733.303, Fla. Stat. (2026), Persons not qualified. The Florida Senate. Felony, elder abuse, incapacity and age disqualifications; fallback to § 733.301.
§ 733.301, Fla. Stat. (2026), Preference in appointment of personal representative. The Florida Senate. Order of preference; appointment of a capable person. Plain-English page on this site.
§ 733.305, Fla. Stat. (2026), Trust companies and other corporations and associations. The Florida Senate. Corporate fiduciaries authorized in Florida.
§ 733.504, Fla. Stat. (2026), Removal of personal representative; causes for removal. The Florida Senate. Removal when not qualified at appointment; removal of domicile. Plain-English page on this site.
§ 733.402, Fla. Stat. (2026), Bond of fiduciary; when required; form. The Florida Senate. Bond unless waived by will or court; waiver or change on petition.
§ 733.403, Fla. Stat. (2026), Amount of bond. The Florida Senate. Factors for the amount of bond.
§ 733.615, Fla. Stat. (2026), Joint personal representatives; when joint action required. The Florida Senate. Concurrence of a majority of joint personal representatives.
§ 733.101, Fla. Stat. (2026), Venue of probate proceedings. The Florida Senate. County for probate of wills and granting letters. Plain-English page on this site.
§ 734.102, Fla. Stat. (2026), Ancillary administration. The Florida Senate. Who receives ancillary letters; bond; similarity to original administration. Plain-English page on this site.
§ 117.265, Fla. Stat. (2026), Online notarization procedures. The Florida Senate. Online notary in Florida may notarize for a principal outside Florida.
§ 92.525, Fla. Stat. (2026), Verification of documents; perjury by false written declaration, penalty. The Florida Senate. Verification by written declaration.
Fla. Prob. R. 5.030, Attorneys. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Florida attorney required unless the personal representative is the sole interested person.
Fla. Prob. R. 5.110, Address designation for personal representative or guardian; designation of resident agent and acceptance. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Address designation; resident agent; exceptions; agent's county.
Fla. Prob. R. 5.200, Petition for administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Statement of residence or relationship under § 733.304.
Fla. Prob. R. 5.235, Issuance of letters, bond. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Appointment, bond, oath and resident agent filed before letters.
Fla. Prob. R. 5.320, Oath of personal representative. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Oath filed before letters.
Fla. Prob. R. 5.020, Pleadings; verification; motions. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Verification statement.
Fla. Prob. R. 5.470, Ancillary administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Ancillary petition and authenticated copy of domiciliary proceedings.
26 U.S.C. § 6012, Persons required to make returns of income, Persons required to make returns of income. U.S. House of Representatives, Office of the Law Revision Counsel. Return of a decedent made by the executor or other person charged with the property; estates with $600 or more of gross income.

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