What it means
Section 733.304 limits who may serve as personal representative from outside Florida. A person not domiciled in the state cannot qualify unless the person is: (1) a legally adopted child or adoptive parent of the decedent; (2) related by lineal consanguinity to the decedent; (3) a spouse, brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or (4) the spouse of a person otherwise qualified under the section.
The text lists no exception for a person named in a will.
- A person not domiciled in Florida cannot qualify unless within one of the four listed categories (§ 733.304).
- Eligible: a legally adopted child or adoptive parent of the decedent (§ 733.304(1)).
- Eligible: a person related by lineal consanguinity to the decedent (§ 733.304(2)).
- Eligible: the decedent's spouse, brother, sister, uncle, aunt, nephew, or niece, or a person related by lineal consanguinity to any of them (§ 733.304(3)).
- Eligible: the spouse of a person otherwise qualified under the section (§ 733.304(4)).
Text of the statute (2026)
A person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive parent of the decedent; (2) Related by lineal consanguinity to the decedent; (3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or (4) The spouse of a person otherwise qualified under this section.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.304.
History. s. 1, ch. 74-106; s. 63, ch. 75-220; s. 6, ch. 79-343.
How it applies
Eligibility under this section is tested by the nominee's domicile and relationship to the decedent. A person not domiciled in Florida who is outside the four categories cannot qualify, even when the will names that person.
When a named person is ineligible, appointment is decided among the persons with preference under § 733.301. A nominee who is domiciled in Florida is not subject to this section, though other qualification requirements may apply.
Where this shows up
Pages on this site where § 733.304 does real work:
- Florida probate timeline 2026: deadlines and steps from death to discharge
- When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives
- Executor and personal representative fees in Florida: the § 733.617 commission
- Out-of-state heirs and Florida property: who can serve, what happens to title, taxes and selling
- Out-of-state executor
- Doris Duke
Questions people ask
Sources
- Fla. Stat. § 733.304 (Listed relationships that qualify a person not domiciled in Florida.)
- Fla. Stat. § 733.301 (Order of preference when a named person is ineligible.)
Last checked: October 17, 2026
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