Executor Duties in Florida

The personal representative must promptly publish a notice to creditors and serve a copy on known or reasonably ascertainable creditors; claims are due within three months after first publication (or 30 days after service, if later), and all claims are barred two years after death. The representative files a verified inventory listing estate property with estimated fair market values at the date of death (inventories and accountings filed with the clerk are confidential). After paying valid claims, expenses and taxes, the representative files a final accounting and petition for discharge, distributes the estate, and is discharged by the court, which releases the representative and surety.

In Florida the circuit court (probate division) issues "Letters of Administration" to the personal representative whether or not there is a will. A petition for administration is filed in the county where the decedent lived, with the original will (deposited with the clerk) and death certificate. The personal representative must be qualified: a Florida resident, or a nonresident who is a close relative (spouse, sibling, parent, child, or certain other relatives) of the decedent; felons and those who cannot perform the duties may not serve. A bond is set by the court unless waived. Florida courts generally require the personal representative to be represented by a Florida attorney.

Claims must be filed by the later of 3 months after the first publication of the notice to creditors, or 30 days after a creditor who must be served receives the notice. Late claims are barred unless the court extends the time. In any case, claims are barred 2 years after the date of death unless already timely filed.