{"id":5293,"date":"2026-10-27T06:30:06","date_gmt":"2026-10-27T06:30:06","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/trust-litigation-attorney-professional-personal-representative-florida\/"},"modified":"2026-10-28T01:48:47","modified_gmt":"2026-10-28T01:48:47","slug":"trust-litigation-attorney-professional-personal-representative-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/trust-litigation-attorney-professional-personal-representative-florida\/","title":{"rendered":"Professional Personal Representative Florida: Neutral Option"},"content":{"rendered":"\n
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Florida Probate | Coral Gables<\/p>

A Neutral Personal Representative for Your Florida Estate<\/h1>

Trust Counsel's attorneys can serve individually as personal representative, and the firm advises and represents personal representatives, trustees and beneficiaries. Free first consultation: confidential, with no obligation to continue.<\/p>

Book a free strategy call<\/a><\/div>
Book a free strategy call<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Leslie V. Marenco \u00b7 Published October 27, 2026<\/p>\n\n

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A professional personal representative is an impartial person who administers a Florida estate in place of a family member. Florida law sets who may serve and who may not.<\/p>\n

What a professional personal representative is and who may serve<\/h2>\n

A professional personal representative is a neutral person, not a family member or beneficiary, who administers a probate estate. Florida’s code uses the term personal representative (often called an executor). Fla. Stat. \u00a7 731.201<\/a> defines the code’s terms, and the personal representative is deemed an interested person in any proceeding affecting the estate or the rights of a beneficiary in the estate.<\/p>\n

Who may serve? Fla. Stat. \u00a7 733.302<\/a> says any person who is sui juris (a legally competent adult) and a Florida resident when the decedent died can qualify, subject to the code’s limits. Fla. Stat. \u00a7 733.303<\/a> provides: “(1) A person is not qualified to act as a personal representative if the person: (a) Has been convicted of a felony. (b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101. (c) Is mentally or physically unable to perform the duties. (d) Is under the age of 18 years. (2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301.”<\/p>\n

Entities follow a separate rule. Fla. Stat. \u00a7 733.305<\/a> lists trust companies and certain banks and savings associations authorized to exercise fiduciary powers in Florida. A law firm is not on that list. Trust Counsel’s attorneys can serve individually as trustee or personal representative.<\/p>\n\n

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If a loved one's estate has left your family unsure who should administer it, we can talk through your options with you. 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\n
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When a neutral serves<\/h2>\n

A neutral often makes sense when the family cannot agree on who should serve. In a testate estate, Florida’s order of preference puts the person the will nominates first, then a person chosen by a majority in interest of those entitled to the estate (Fla. Stat. \u00a7 733.301<\/a>); in an intestate estate, the surviving spouse comes first. When that process stalls, families look at other options. Common reasons include:<\/p>\n