What is a personal representative?
The personal representative is the individual appointed by the court to act for the estate. Other states call the role an executor or administrator.
How they're chosen. A will typically nominates someone. Without a will, Florida law establishes an order of preference, generally starting with the surviving spouse and then those selected by a majority of heirs.
Their duties. Administering the estate — identifying assets, addressing debts, and distributing what remains. And bringing the wrongful death claim on behalf of the estate and all survivors.
A fiduciary duty runs to all beneficiaries, including survivors with claims that may differ from the representative's own. Where interests conflict, that becomes a real issue and should be raised early.
Who can serve. Florida has requirements — including residency and other qualifications — that disqualify some people who'd otherwise be the natural choice. Worth checking before assuming.
Check whether your intended representative actually qualifies. Florida has requirements people don't expect. ---
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