What Is the Role of an Executor in Estate Planning in Florida? 2025

Estate planning is the process of making sure your wishes are granted upon your passing or if you are incapacitated. The estate planning process can be complex, with several people and roles involved. One of the most significant roles in the process is that of an executor. If you are named as an executor for your loved one’s estate, you may want to know, “What is the role of an executor in estate planning in Florida?”

The sunny state of Florida boasts a median household income of $71,711, according to the most recent U.S. Census Bureau statistics, and the median housing value is $325,000. While median income is slightly lower than the national average, when combined with the housing value, it is considerable enough for most residents to consider estate planning. An estate includes all assets a person owns, including:

• Bank accounts
• Real estate
• Business assets
• Debts owed
• Personal property

At The Preston Law Firm, we are skilled in assisting our clients with the estate planning process. Our firm can make sure their plans are legal and that their wishes are granted once they pass on. We are also adept at helping executors meet their fiduciary duties and responsibilities.

The Estate Planning Process in Florida

There are several steps in the estate planning process in Florida. Each step can make sure your final wishes are granted upon your passing and that your beneficiaries receive your assets. Below is a list of the primary steps in the estate planning process, whether your estate is substantial or more modest:

1. Define your goals. Before you can begin planning your estate, you should be clear about your goals and objectives. Whether you are looking to care for your children, engage in tax planning, or manage your debts, an estate plan can be customized to fit your needs.
2. Gather relevant information. You will want to take inventory of all your assets, including real and personal property. You will also need to collect any important documents. Estate planning requires many legal documents, like social security forms, life insurance policies, access to retirement accounts, business accounts, etc.
3. Define roles. Besides yourself, many individuals are involved in the estate planning process. They may include your beneficiaries, a trustee, an executor, and a skilled and experienced lawyer.
4. Create your documents. Most estate planning requires a will, which outlines your final wishes upon your passing and names an executor for your estate. You may also want to set up a living trust to avoid probate or create a healthcare directive in case you become incapacitated.
5. Review your plan regularly. This is where it is helpful to hire a lawyer to provide legal advice. Your lawyer can advise you of any changes that should be made to your estate plan and make sure all facets are legally binding.

The Role of an Executor in Florida

An executor, or personal representative, has a fiduciary duty to manage, settle, and distribute a decedent’s estate upon their passing. Their duties are outlined under Florida Probate Code Chapter 733. Typically, the executor is named in the decedent’s will. However, if there is no will, the court will appoint one to initiate the probate process.

The duties of an executor are similar to those of a trustee, and all efforts should be made in the interest of the estate. The executor must follow the specific instructions outlined in the decedent’s will. They must also make sure all debts and taxes are paid before distributing the estate’s assets to the proper beneficiaries. Furthermore, the executor is responsible for informing the appropriate parties of the estate’s administration, such as:

• The named beneficiaries
• The surviving spouse
• Trustees
• Anyone with claims to the decedent’s property

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How a Lawyer Can Help

Being an executor is a serious role with a host of responsibilities. Therefore, it is understandable that executors may have several questions or concerns throughout the probate or estate administration processes. This is where a lawyer’s knowledge can be vital. Under Chapter 733 of the Probate Code, the process should occur both efficiently and expeditiously. Swiftly hiring a lawyer can enable the executor to avoid delays and smoothly complete the process.

FAQs

What Can an Executor Not Do in Florida?

There are several things an executor cannot do in Florida. Foremost, an executor cannot take action without being appointed by the court. Even though the executor is typically named in a person’s will, the county court must officially appoint them as executor. It is also illegal for an executor to change a will, act outside the will’s guidelines, or breach any of their fiduciary duties.

What Is the Role of an Executor in Estate Planning?

The primary role of an executor is to act in the interest of a decedent’s estate upon their passing. Executors are primarily involved in the probate aspects of estate planning, making sure the estate is properly managed, settled, and distributed. The executor has a fiduciary duty to:

• Protect the decedent’s assets.
• Notify the public and creditors of their passing.
• Pay off debts.
• Distribute the assets to beneficiaries.
• Close the estate.

How Long Does an Executor Have to Settle an Estate in Florida?

Although there is no set timeframe to settle an estate in Florida, the process must be executed efficiently and expeditiously, per Florida law. The executor does, however, have 10 days from the date of being notified of the decedent’s passing to file the will with the court, thus beginning the probate process.

How Much Authority Does an Executor Have?

An executor has a great deal of authority over a decedent’s estate once they die. An executor has the authority to:

• Identify and secure all the decedent’s assets.
• Notify stakeholders of their death.
• Pay off debts and taxes.
• Distribute the assets to the proper beneficiaries.

They have a great deal of responsibility, but they do not have the authority to change the will or breach their duties.

Consult a Florida Estate Planning Law Firm

Estate planning can be a daunting but necessary process if you want your assets protected. While many people erroneously misconstrue estate planning as a process for the wealthy, everyone can benefit from organizing their estate and planning for emergencies. If you are an executor and need to make sense of the process, you should swiftly contact The Preston Law Firm to assist you. We are happy to schedule a consultation to go over your options.