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Can my personal representative be from another state?

On Behalf of | Mar 21, 2022 | Estate Administration

Your estate plan can have many parts to coordinate and create. You want to develop a plan that supports your loved ones and passes on your legacy.

One of the essential parts of your estate plan is choosing a personal representative that you trust. Depending on your relationship with friends and family, it may be challenging to select a personal representative.

Here’s what you should know if you want to choose a personal representative who lives outside of Florida.

There are limits for non-residents

When you choose a personal representative who is a Florida resident, you have more options since you can choose anyone over 18 who does not have a criminal history that would exclude them. When you want to select someone who lives outside of the state, your options include:

  • Legally adopted children, or parents, or their spouses
  • Your spouse
  • Your brother or sister
  • Your aunt or uncle

Your personal representative is limited to a blood relative and spouse of that relative if they are not a Florida resident.

An important decision

Often, the probate process can be long and complicated, so choosing someone from another state may be stressful for them and the other people named in your will. In some cases, using a non-resident as a personal representative can make the process take longer since they may not be as available as someone living in Florida.

If your best option for a personal representative lives outside of Florida, you may want to talk to them about the duties of becoming your personal representative and whether it will work for them. You may need to consider support from a bank or trust company if you do not have someone within Florida to oversee the distribution of your estate.


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