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← Florida Probate
— By your situation · Personal representatives who don't live in Florida

Out-of-state executor

We handle the FL filings remotely. You sign electronically.

Florida has a quirk most other states don't: to serve as personal representative ("executor" in everyday English), you must either be a Florida resident OR a close blood relative of the deceased. "Close" means spouse, parent, grandparent, child, grandchild, sibling, niece/nephew, aunt/uncle, or in-law of the same. A friend in another state, even one named in the will, doesn't qualify.

If you're calling from Ohio about a parent's estate in Sarasota, you almost certainly do qualify — close blood relatives are eligible regardless of where they live. The work happens by phone, video, e-sign, and FedEx. We've handled estates where every PR communication for nine months was electronic.

If the named PR doesn't qualify (a friend, a non-resident corporate trustee, etc.), we can either (a) have a qualifying relative serve, (b) appoint a Florida resident as co-PR, or (c) serve ourselves at a flat add-on. We figure out the right move on the consult call.

The implications

What this means for you

  • You probably qualify. If you're a spouse, parent, sibling, child, grandchild, niece/nephew, aunt/uncle, or in-law of the deceased, FL residency isn't required.
  • Everything happens remotely. E-sign for engagement, encrypted upload for documents, video calls when needed, FedEx for the rare wet-signature item.
  • You don't have to come to Florida — not for the filing, not for the closing, not for the discharge. We've never required a client to fly down.
  • The Florida court still needs to formally appoint you. That's the Letters of Administration — a court document that proves your authority to act for the estate. We file the petition and the court issues the Letters within 2–4 weeks.
  • You're allowed to hire local help. A funeral director, a real estate agent, a CPA — we coordinate with all of them on your behalf so you don't have to manage Florida vendors from out of state.
The fit

Which path applies

Most situations route to one or two probate paths. Here are the most likely fits — read the detailed page on whichever feels closest, or use the consult to confirm.

The pitfalls

What we watch for

Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.

  • Trying to serve when you don't qualify. If you're not a Florida resident AND not a close blood relative or in-law, the court will reject the petition. Better to figure out the right PR before filing.
  • Underestimating the time burden. Even with everything remote, expect 1–3 hours per month of decisions, signatures, and check-ins for 6–12 months. Most clients say it's less work than they feared.
  • Tax filing confusion. The PR is responsible for filing the deceased's final 1040 and the estate's 1041. We coordinate with your CPA — or refer one if you don't have one.
  • Forgetting about a Florida bank account or safe-deposit box. Even small Florida assets you didn't know existed can require ancillary processes if missed. Our intake catches the common surprises.
The FAQ

Questions families ask us

I'm a friend named in the will, not a relative. Can I still serve?+−
Not as PR, unless you're a Florida resident. The court will appoint a qualifying alternate (often a family member, sometimes the firm). You can still be involved — just not as the formally appointed personal representative.
Can I just hire a Florida attorney to be the PR?+−
Yes. We can serve as PR ourselves for a flat add-on fee (typically $1,500). It removes the family decision-making burden — useful when there's tension or when no family member wants to take it on.
Do I need to come to Florida for the will reading?+−
There's no "will reading" in real life — that's a movie thing. The will is filed with the court, beneficiaries are notified, and we send everyone copies. No gathering required.
How do I sign things from out of state?+−
E-sign for almost everything (DocuSign-style). For the few documents that need wet ink and notarization, we FedEx them with a prepaid return envelope. We coordinate with your local notary or a mobile notary service if needed.
Will I have to come down for any court hearings?+−
Almost never. Florida probate is mostly handled on the papers — actual hearings are rare in uncontested cases. If a hearing does come up, your attorney appears for you.
— From Rachel

Out-of-state PRs are about 30% of our caseload. The first call usually starts with "I have no idea where to start" — and ends with a clear plan and a sense of relief. You don't have to figure Florida probate out alone. That's why we exist.

Rachel Brannan Schadt, Esq.
Written by
Rachel Brannan Schadt, Esq.

Florida probate and estate attorney. Florida Bar #127500, admitted 2017. Third-generation Florida attorney and Sarasota native. Florida State University; Western Michigan University Cooley Law School. Admitted to the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.

Intake paused · reopens late October 2026

You're going to get through this.

Rachel is not accepting new clients until late October 2026. Every guide, calculator, county page, and statute page here stays free. Leave your details and we'll call when intake reopens — or, if your matter can't wait, The Florida Bar Lawyer Referral Service refers you to another Florida attorney taking cases now.

Florida Bar #127500RPPTL SectionSarasota Bar AssociationFL Assoc. Women Lawyers