Is It a Problem to Appoint a Personal Representative Outside Florida?

When creating a will in Florida, one important decision you'll need to make is who will serve as your Personal Representative. But what happens if the person you want to appoint as your Personal Representative lives outside of Florida? Is that a problem?

Florida’s Residency Requirement

Florida law imposes certain restrictions on who can serve as a Personal Representative. One of the key requirements is that the person must either be a Florida resident or related to you by blood, marriage, or adoption. If the person you want to appoint lives outside of Florida but is your spouse, sibling, parent, child, or another close relative, they can still serve as your Personal Representative. 

What If They Aren’t a Close Relative?

If the person you want to appoint is not related to you and lives outside of Florida, they cannot legally serve as your Personal Representative. This rule is to make sure that the person managing your estate is either familiar with Florida law or has a strong personal connection to you, which can help in making decisions that align with your wishes.

Potential Challenges

Even if your out-of-state Personal Representative is a close relative and legally allowed to serve, there can still be challenges. Managing an estate from another state can be complicated. The Personal Representative may need to travel to Florida to handle certain tasks, attend court hearings, or meet with attorneys. This could lead to delays and increased costs for your estate.

Alternatives to Consider

If your preferred Personal Representative lives out of state and isn’t a close relative, or if you anticipate challenges due to their location, you might consider appointing a co-representative who resides in Florida. This person can handle tasks that require local presence, reducing the burden on your out-of-state representative. Alternatively, you can appoint someone else who meets Florida’s residency requirements.

Appointing a Personal Representative outside of Florida is not necessarily a problem, but it does come with certain legal and practical considerations. Ensuring that your chosen representative meets Florida's requirements and is capable of managing your estate effectively is crucial. Consulting with an experienced estate planning attorney can help you make the best choice for your situation, so that your estate is handled smoothly and according to your wishes.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.