{"id":1848,"date":"2026-10-18T02:42:51","date_gmt":"2026-10-18T02:42:51","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/professional-trustee-and-executor-services\/what-is-the-first-thing-an-executor-of-an-estate-should-do\/"},"modified":"2026-11-04T06:53:01","modified_gmt":"2026-11-04T06:53:01","slug":"what-is-the-first-thing-an-executor-of-an-estate-should-do","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/professional-trustee-and-executor-services\/what-is-the-first-thing-an-executor-of-an-estate-should-do\/","title":{"rendered":"What Is the First Thing an Executor Should Do in Florida?"},"content":{"rendered":"\n
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Probate & Estate Administration | Coral Gables, Florida<\/p>

What Should a Personal Representative Do First in Florida?<\/h1>

Trust Counsel, PL focuses on probate and trust matters from its Coral Gables office, helping personal representatives (often called executors), heirs and beneficiaries understand the first steps after a death.<\/p>

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By Leslie V. Marenco \u00b7 Published October 17, 2026<\/p>\n\n

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Why the First Days Matter More Than the Paperwork That Follows<\/h2>\n

The first thing an executor should do is handle the practical, time-sensitive tasks. Those include finding the original will, protecting people and property, getting certified death certificates, and notifying the right people. Court filings come after that.<\/p>\n

Many readers were just named to handle a relative’s estate. They are grieving, and the paperwork can feel like too much at once. That reaction is normal, and you don’t have to solve everything on day one.<\/p>\n

Your order of steps depends on the facts of the estate. Whether a will exists, where it is kept, and who it names all shape the next move.<\/p>\n

Your role has a formal name in Florida. The everyday word is executor, but Florida’s probate code uses the term personal representative. The statute says a personal representative is a fiduciary who must observe the standards of care that apply to trustees (Fla. Stat. \u00a7 733.602<\/a>). Under Fla. Stat. \u00a7 733.601<\/a>, a personal representative’s duties and powers commence upon appointment, but the powers relate back in time, so acts the appointed person took before appointment that benefit the estate have the same effect as acts taken afterward.<\/p>\n\n

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If you were just named to handle a relative's estate and aren't sure what comes next, you don't have to work it out alone; talk with Trust Counsel, PL. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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Step One: Locate the Original Will and Confirm Who Is Named<\/h2>\n

Finding the original signed will is the first legal task. A photocopy is not the document the court needs. Check the deceased’s desk, a safe deposit box, a file cabinet, and any lawyer or person who prepared the will.<\/p>\n

Florida sets a clock for the will’s custodian. The custodian must deposit the will with the clerk of the court within 10 days after learning the person has died. The custodian must also supply the date of death or the last four digits of the social security number (Fla. Stat. \u00a7 732.901<\/a>). If you hold the will, treat that deadline as real.<\/p>\n

Read the will and confirm whether it names you as personal representative. Note whether it names an alternate. Keep the original safe. Don’t write on it, staple it, or fold it.<\/p>\n

If no valid will turns up, Florida’s intestacy rules apply. Any part of the estate not disposed of by will passes to the decedent’s heirs. The death is the event that gives heirs their right to that property (Fla. Stat. \u00a7 732.101<\/a>). Which relatives count as heirs depends on the family’s situation.<\/p>\n

Step Two: Obtain Certified Copies of the Death Certificate<\/h2>\n

Order several certified copies of the death certificate early. Many institutions will ask for one before they release an account, a policy, or a benefit. Banks, insurers, retirement plan administrators, and government agencies often require a certified copy.<\/p>\n

Each institution usually keeps the copy it receives. A single copy can run out fast. Order more than you think you need, and ask the funeral home for help with the first set.<\/p>\n

Keep a simple list. Write down which office received which copy and on what date. That list helps you follow up with each institution and answer later questions from the court or from beneficiaries.<\/p>\n

Store the certified copies together in one folder. Keep the list in the same folder so nothing gets lost during a stressful month.<\/p>\n

Step Three: Protect the Home, Property, Dependents, and Pets<\/h2>\n

Protecting the property is an early duty. Except as otherwise provided by the decedent’s will, Fla. Stat. \u00a7 733.607(1)<\/a> gives a court-appointed personal representative both the right and the duty to take possession or control of the decedent’s property, other than the protected homestead, although real or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless the personal representative needs it for purposes of administration. The personal representative must also take all steps reasonably necessary to manage, protect, and preserve the estate (Fla. Stat. \u00a7 733.607<\/a>).<\/p>\n

Start with the people and animals who depend on the person who died. Arrange temporary care for children, elderly relatives, or pets if needed.<\/p>\n

Next, secure the home. Lock the doors. Keep valuables out of sight. Confirm that homeowner’s insurance is still in force. Collect mail and deliveries so bills and notices don’t pile up.<\/p>\n

Don’t move valuables into your own home without first recording what exists. Take photos and write a list. You will need that record later, because the personal representative must file a verified inventory of estate property with estimated values at the date of death (Fla. Stat. \u00a7 733.604<\/a>).<\/p>\n

Step Four: Notify Family, Friends, and Key Institutions<\/h2>\n

Notify close family first, then the people and institutions that pay or hold money for the deceased. Those include the employer, Social Security, pension administrators, and insurers. Most will ask for a certified death certificate.<\/p>\n

Decide who will handle public or social announcements. One person sending one clear message avoids confusion and conflicting details.<\/p>\n

Funeral and disposition decisions are a separate set of choices. Who has the right to make them is decided by the circumstances. That includes any written instructions and the family’s relationships. If relatives disagree, don’t assume that your role gives you the final say.<\/p>\n

Pause before you act on a disputed decision. Write down what each person has said and what documents exist. Talk through the facts before you move forward.<\/p>\n

Step Five: Address Funeral Arrangements Without Using Estate Money Improperly<\/h2>\n

Funeral costs are paid from the estate in a set order, and Florida caps one class of them. Reasonable funeral, interment, and grave marker expenses fall in Class 2 of the payment order. The aggregate of that class may not exceed $6,000 (Fla. Stat. \u00a7 733.707<\/a>).<\/p>\n

Class 1 comes first in that order. It covers costs of administration, personal representative compensation, and attorneys’ fees.<\/p>\n

Common planning steps include choosing burial or cremation, selecting a funeral home, planning the service, and confirming who pays the first bill. Keep every receipt. A family member often pays first. A written record lets the estate reimburse that person correctly.<\/p>\n

Don’t pay your own bills from the deceased’s accounts before an estate account is in place. Withdrawals from personal accounts can look like misuse later. A beneficiary may question them, so keep the paper trail clean from the start.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Step Six: File the Will, Open an Estate Account, and Pay Ongoing Expenses<\/h2>\n

Filing the will with the probate court is the formal start of administration. Venue for probate is in the Florida county where the decedent was domiciled (Fla. Stat. \u00a7 733.101<\/a>). Any interested person may petition for administration (Fla. Stat. \u00a7 733.202<\/a>).<\/p>\n

Once appointed, a personal representative must move the estate forward. The statute says the personal representative shall proceed expeditiously and, unless the code or a court says otherwise, without a court order (Fla. Stat. \u00a7 733.603<\/a>).<\/p>\n

Open a separate estate account. Keep estate money apart from your own. Use that account to pay utilities, mortgage or rent, insurance premiums, and taxes as they come due.<\/p>\n

Keep a ledger entry for every payment. Save every bill and receipt. Those records support the verified inventory and any later accounting.<\/p>\n

What an Executor Should Not Do, and Who Holds Which Powers<\/h2>\n

Don’t distribute assets early, use estate property for yourself, or mix estate funds with your own money. Florida’s payment order requires the personal representative to pay estate expenses and obligations by class (Fla. Stat. \u00a7 733.707<\/a>). Paying out of order can create personal exposure.<\/p>\n

A personal representative is liable to interested persons for damage or loss from a breach of duty (Fla. Stat. \u00a7 733.609<\/a>). That duty is the same as a trustee’s duty under an express trust.<\/p>\n

Who has more power, a beneficiary or an executor?<\/strong> The personal representative runs the estate day to day. In any proceeding affecting the estate, the personal representative is deemed an interested person (Fla. Stat. \u00a7 731.201<\/a>). Beneficiaries hold their own rights. On written request, a beneficiary gets an explanation of how an inventory value was set, or a copy of any appraisal (Fla. Stat. \u00a7 733.604<\/a>). Neither role is unlimited.<\/p>\n

A personal representative handles a probate estate. A trustee manages property held in a trust. Trust roles are a related topic, covered in the trust versus trust company explainer.<\/p>\n

How Personal Representative Compensation Is Set and the Three Core Tasks<\/h2>\n

A personal representative is entitled to a commission for ordinary services. The commission is paid from estate assets without a court order and is based on the estate’s compensable value (Fla. Stat. \u00a7 733.617<\/a>). The statute governs that commission. Florida’s law, not a rate table, sets the framework.<\/p>\n

On petition by an interested person, the court may increase or decrease ordinary compensation. The court may also award pay for extraordinary services if the facts warrant it (Fla. Stat. \u00a7 733.617<\/a>). A personal representative may also give up all or part of the compensation.<\/p>\n

Most descriptions of the role boil down to three core tasks. The first is collecting and protecting the estate’s assets. The second is paying valid debts and taxes. The third is distributing what remains to those entitled to it.<\/p>\n

Fiduciary services and legal services are different roles. The American College of Trust and Estate Counsel explains that a lawyer may be compensated for serving as an executor or trustee. It also notes that fiduciary and legal services may involve separate fees (ACTEC<\/a>). Questions about compensation for professional trustee and executor services are covered on the firm’s parent practice page.<\/p>\n

Talk Through Your Situation With a Florida Trusts and Estates Attorney<\/h2>\n

If you were just named to handle a relative’s estate, you may be stepping into a process you never planned for. You may have a will in one hand and a list of calls to make. Taking the first step is easier with a clear order of tasks.<\/p>\n

Trust Counsel, PL is a Florida trusts and estates law firm. The firm’s only office is in Coral Gables. We serve clients in Fort Lauderdale and Boca Raton too.<\/p>\n

The firm focuses on probate litigation, trust administration, guardianship and estate planning, and it advises and represents trustees, personal representatives and beneficiaries; Trust Counsel’s attorneys can serve individually as trustee or personal representative. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.<\/p>\n

The first consultation is free, confidential, and carries no obligation to continue. Call (305) 707-7126 or schedule online<\/a> to talk through where you are and what comes next.<\/p>\n\n

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Frequently Asked Questions<\/h2>
Who must deliver an original will to the court after someone dies in Florida?<\/summary>

Florida law requires anyone who holds the original will to deliver it to the clerk of the court after learning of the death (Fla. Stat. 732.901). A personal representative (often called an executor) should find the original will and confirm where it is kept.<\/p><\/details>

Can a personal representative access the decedent’s bank account right away?<\/summary>

In most cases, banks and other institutions need letters of administration from the probate court before they release funds in the decedent’s name. Until then, a personal representative should not use estate money for personal expenses.<\/p><\/details>

Who must receive notice when a Florida probate case opens?<\/summary>

This notice tells people entitled to information that the estate is being administered.<\/p><\/details>

Should a personal representative keep estate money separate from personal money?<\/summary>

Yes. A personal representative owes duties to the estate and its beneficiaries, so estate funds should stay in a separate account and be documented carefully. Mixing estate and personal funds can expose a personal representative to claims of personal liability.<\/p><\/details><\/article>\n