Short answer: Being named personal representative in a Florida will does not give you full authority yet. In the first month, a new PR usually makes sure the original will is deposited with the clerk, secures property, asks the court for appointment with a lawyer, and, once appointed, starts creditor and beneficiary notices and opens a separate estate account.
If someone you love has died and the will names you as personal representative, it can feel like everything has to happen at once. It doesn’t. Some things need attention right away, some need a court order first, and some can wait. Below is what usually happens in the first month of a Florida probate, roughly in the order it comes up.
These are typical steps, not a fixed schedule. Where Florida law sets a deadline, we say so.
A few terms in plain English
- Personal representative (PR): the person the court appoints to handle a probate estate. Many people know this role as the executor.
- Letters of administration: the court document showing that a PR has been appointed and has authority to act for the estate.
- Notice to creditors: a notice, published and served, that tells creditors an estate is open and starts the time limit for filing claims.
- Interested person: in plain terms, someone with a stake in how the estate is handled, such as a beneficiary or an heir. Whether a particular person counts can depend on the issue in front of the court.
Named vs. appointed
A will nominates a personal representative. It does not appoint one. The court appoints the PR and issues letters of administration. Until that happens, the person named in the will has limited authority to act for the estate.
That matters in practice. Before appointment, a named PR generally should not pay the decedent’s debts, sell or give away property, or move money out of the decedent’s accounts without first talking to a probate attorney. If something truly cannot wait, Florida has a process for appointing a curator to protect estate property before a PR is appointed. Our article on Florida estate curators explains when that comes up.
If you were the decedent’s agent under a power of attorney, that authority does not carry over into the estate. Our article on the Florida durable power of attorney covers why.
If you live outside Florida, being named in the will may not be enough on its own. Florida lets a nonresident serve as personal representative only if the person fits one of the family relationships listed in the statute (Fla. Stat. § 733.304). Our article on serving as an out-of-state personal representative explains who qualifies.
Week 1: protect what’s there
The original will
If you have the original will, Florida law sets a short deadline. Anyone who has custody of the original will must deposit it with the clerk of the court within 10 days after learning of the death (Fla. Stat. § 732.901(1)). That duty applies to whoever holds the will, whether or not that person is the named PR.
Secure property
The goal in the first week is to keep things as they are:
- Lock up the home.
- Keep insurance in force.
- Safeguard vehicles and valuables.
- Collect the mail.
Don’t distribute or sell anything yet, even items family members believe were meant for them. Those decisions come later, after appointment and with the full picture.
If the decedent lived in a Florida home they owned, keep in mind that homestead property has its own rules. A will does not always control who receives it. Our article on Florida homestead devise restrictions explains when those limits apply.
Gather documents
Start a folder, paper or digital, with:
- death certificates;
- deeds;
- bank, brokerage and retirement account statements;
- beneficiary forms; and
- the latest tax returns.
Some assets may not be part of the probate estate at all. For example, an account held jointly with someone else may pass to the surviving owner. Our article on adding an adult child to a joint bank account explains how survivorship can work.
Weeks 1 to 3: getting appointed
Appointment starts when your attorney files a petition for administration with the probate court. Under Florida’s probate rules, a personal representative must be represented by an attorney admitted to practice in Florida. The rule has two exceptions: a personal representative who remains the sole interested person, and a personal representative who is a Florida attorney and represents himself or herself (Fla. Prob. R. 5.030(a)).
One of the first decisions is which kind of administration fits the estate. Formal administration is the full process. Summary administration is a shorter process available to some estates. Our article on Florida summary administration explains who may qualify, so we won’t repeat that here.
After appointment: the notices that start the clock
Once the court appoints you and letters issue, several notice duties begin.
Notice to creditors
The PR must promptly publish a notice to creditors once a week for 2 consecutive weeks in a newspaper in the county (Fla. Stat. § 733.2121(1) and (2)). Publication is not the whole job. The PR must also make a diligent search for creditors who are reasonably ascertainable and serve the notice on them (Fla. Stat. § 733.2121(3)(a)). If the decedent was 55 or older, the PR must also serve the Agency for Health Care Administration (AHCA) (Fla. Stat. § 733.2121(3)(d)).
The claims window, in one line
Creditor claims are generally due by the later of 3 months after the first publication of the notice or 30 days after the creditor was served (Fla. Stat. § 733.702(1)). There is more to the claims process than that one rule. Your attorney can walk you through how it applies to your estate.
Notice of administration to beneficiaries
Separate from the creditor notice, the PR must promptly serve a notice of administration on the surviving spouse, the beneficiaries and certain other interested persons (Fla. Stat. § 733.212(1)). That notice also tells a surviving spouse the deadline for claiming an elective share (Fla. Stat. § 733.212(2)(e)). Our article on the Florida elective share explains that right.
Money basics
Estate money needs its own account and its own records:
- Open an estate account. The estate gets its own taxpayer number (an EIN), and estate funds go into an account in the estate’s name.
- Don’t mix funds. Keep estate money separate from your own, even for small amounts.
- Keep receipts. Record every dollar in and out.
- Don’t pay yourself or family early. Fees, reimbursements and distributions should wait until your attorney confirms they are proper.
Florida law treats a personal representative as a fiduciary who must observe the standards of care that apply to trustees (Fla. Stat. § 733.602(1)). In everyday terms, that means handling estate property carefully, honestly and for the benefit of the estate and its beneficiaries, not for your own convenience.
What comes next
The first month sets up the rest of the administration. The next major step is the inventory. Under Florida’s probate rules, the PR must file it within 60 days after letters are issued, unless an inventory has already been filed (Fla. Prob. R. 5.340(a)). Our article on the Florida probate inventory covers what goes into it. After that come reviewing creditor claims, accounting to the beneficiaries, and eventually distributing the estate and closing it.
Trust instead of, or as well as, a will?
If the decedent had a revocable trust, the successor trustee named in the trust usually manages the trust’s assets, and a PR may still be needed for anything left outside the trust. Our article on successor trustee duties after a death explains how that role differs, and our article on the trustee discharge process covers how a trust administration can wrap up.
Frequently Asked Questions
Does being named in the will make me the personal representative? Not by itself. The will nominates you. The court appoints the personal representative and issues letters of administration. Until then, your authority to act for the estate is limited.
I have the original will. What do I do with it? Deposit it with the clerk of the court. Under Fla. Stat. § 732.901(1), anyone with custody of the original will must deposit it within 10 days after learning of the death.
Can I pay bills or move money before I’m appointed? Generally, wait. Before appointment, a named PR should not pay the decedent’s debts, sell property, or move money without first talking to a probate attorney.
When do creditors have to file claims? Generally by the later of 3 months after the notice to creditors is first published or 30 days after a creditor is served (Fla. Stat. § 733.702(1)).
Do I need a lawyer to serve as personal representative in Florida? In most cases, yes. Florida’s probate rules require a personal representative to be represented by an attorney admitted to practice in Florida, unless the personal representative remains the sole interested person or is a Florida attorney representing himself or herself (Fla. Prob. R. 5.030(a)).
Talk with us about your first month
If you’ve just been named personal representative, a consultation can help you sort out what has to happen now and what can wait.
The Law Offices of Brian Giaquinto helps personal representatives and families through probate administration in Volusia, Flagler and Seminole counties from our Daytona Beach office, and meets Brevard County clients by appointment at the Suntree Business Center in Melbourne. You can read more on our probate and trust administration page. Schedule a free consultation: call (386) 244-9633 or visit our contact page. You can find more articles in our Legal Insights library.
This article is for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Statutes and case law change; consult an attorney about your specific situation.