What it means
Florida limits who may serve as personal representative from out of state. A person not domiciled in Florida cannot qualify unless they are: a legally adopted child or adoptive parent of the decedent; related to the decedent by lineal consanguinity (children, grandchildren, parents, grandparents); a spouse, brother, sister, uncle, aunt, nephew, or niece — or someone related by lineal consanguinity to any of those; or the spouse of a person otherwise qualified.
The will cannot override this. An unrelated friend, business partner, or lawyer who lives in another state is ineligible no matter what the will says.
- A person not domiciled in Florida cannot qualify as personal representative outside the listed family categories.
- Eligible: adopted children and adoptive parents, and anyone related to the decedent by lineal consanguinity.
- Eligible: the decedent's spouse, siblings, uncles, aunts, nephews, and nieces — and their lineal kin.
- Eligible: the spouse of any person otherwise qualified under the section.
- No exception for the will's nomination — an unrelated out-of-state nominee cannot serve.
How it plays out
This is the statute that surprises new Floridians. The will drafted up north names a best friend or the family lawyer as executor; after the move to Florida, that person is ineligible the day the will matters. We check nominee eligibility in every probate we open. When the named person cannot serve under §733.304, appointment falls to the §733.301 preference order, and the workable fixes are a qualifying relative, a Florida resident, or a Florida bank or trust company.
Where this shows up
Pages on this site where § 733.304 does real work: