Does a personal representative need to be a family member?

No, in Florida, a personal representative does not need to be a family member or spouse, as long as the personal representative is a legal resident of the state of Florida.

A personal representative, also commonly known as an executor, is in charge of your estate after you die. If you imagine that the estate is a company, the personal representative would be the CEO of that company, managing the day-to-day activities and eventually moving all the assets out of the estate and into the hands of beneficiaries and creditors. This is no small amount of power, and that makes the role of personal representative an important one. So what happens if you want to choose someone as personal representative outside your family? Is that allowed?

In Florida, your personal representative can be an individual or entity, such as a trust company. If you choose an individual as personal representative (and this is often the case), then you can choose any Florida resident able to perform the duties who is at least 18 years of age and not a convicted felon. You can also choose a sibling, parent, child or other close relative who is not a resident of Florida. Thus, you are not limited to only family members. But close relatives are available as options regardless of their residency.

The personal representative should be named in your last will and testament. And ideally you should name a couple alternate options as well, just in case your first choice is unable or unwilling to be the personal representative. I generally advise my clients to go with two backups if at all possible.

Is it wise to name a family member as personal representative?

Often it is wise to name a family member as personal representative in your will. However, you should consider whether the personal you nominate in your will is capable, available, and willing to serve as personal representative. The mere fact that you are related does not make someone the ideal choice, but being related likely will make it more likely that the person you appoint would be willing to do the job.

If you need help with your will, contact an estate planning attorney for a free consultation.