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What are the requirements for a personal representative?

On Behalf of | Sep 1, 2020 | Probate

Your personal representative will act on your behalf after your death to help with the finalization of your estate. If probate lasts for quite some time, this person will also have to manage your estate until the time of disbursement.

According to the Florida Bar, you want to choose a personal representative who you trust and who will honor your wishes. You also must make sure that this person meets the legal requirements of the position.

Age and residency

A personal representative must be at least 18 years old. He or she must be a resident of Florida if he or she is not a close relative of yours. If your representative is a company, then it must have its incorporation in Florida, and it must have the authorization for using fiduciary powers in the state.


You cannot use someone as a personal representative who is a convicted felon. In addition, the person you choose must be of sound body and body, meaning that he or she does not have any mental or physical conditions that could interfere with his or her abilities to carry out the duties of the position.


You can appoint a personal representative, but if you do not, then the state will do so during probate. In addition, if your chosen representative cannot do the job, then the state will choose a replacement.

The judge will verify the personal representative you choose before giving him or her the powers of the position after your death. Most often, the court will appoint your spouse or a close relative to serve in the position.