How Much Authority Does a Florida Personal Representative Really Have?

Serving as a personal representative in Florida carries significant responsibility—and with that, many questions. One we’re often asked at The Soto Law Office is, “What exactly can a personal representative do, and are there limits to their authority?”

If you’ve been named in someone’s will or appointed by the court to handle an estate, understanding your role under Florida law is critical. Let’s explore the powers you have—and where those powers stop.

Understanding the Role of a Personal Representative

In Florida, a personal representative is the person legally responsible for managing the affairs of someone who has passed away. This includes gathering the estate’s assets, paying debts and taxes, and distributing what’s left to the beneficiaries.

Florida Statute §733.612 gives personal representatives broad powers to carry out these duties. These powers include, but are not limited to:

• Selling property

• Collecting debts owed to the estate

• Settling or compromising claims

• Prosecute or defend lawsuits on behalf of the estate
  

If the deceased person was owed money or if there’s a need to pursue a legal claim—such as a wrongful death lawsuit—the personal representative has the authority to do so. Similarly, if someone sues the estate, the personal representative has the duty to respond on behalf of the estate.

Acting Within the Scope of Your Authority

While a personal representative has wide-ranging authority, it’s not unlimited. Every action must be in the best interest of the estate and its beneficiaries. That means a personal representative can’t use estate funds for personal purposes, and they certainly can’t make decisions that fall outside the scope of their duties.

In fact, taking actions that benefit non-beneficiaries or that aren’t tied to the administration of the estate could be considered a breach of fiduciary duty. The role isn’t just administrative—it’s a legal obligation to act with loyalty, care, and transparency on behalf of the estate.

What About Lawsuits and Legal Matters?

If the person who passed away was involved in a lawsuit—or had a reason to start one—the personal representative may step in to continue or initiate litigation. For example, if the deceased was injured in an accident and had not yet pursued legal action, the personal representative may file a personal injury or wrongful death lawsuit to seek compensation on behalf of the estate.

Conversely, if the deceased was being sued at the time of death, that lawsuit doesn’t automatically disappear. Instead, it typically continues against the estate, and the personal representative is responsible for defending the claim. The court will generally substitute the personal representative as the party in the lawsuit.

Why It’s Important to Choose the Right Personal Representative

Because this role carries such significant responsibility, it’s crucial to choose someone who can handle the challenges that come with estate administration. Your personal representative should be organized, financially responsible, and ideally, someone who can communicate effectively with attorneys, beneficiaries, and the court.

At The Soto Law Office, we also encourage personal representatives to seek legal guidance early in the probate process. Missteps—even unintentional ones—can lead to costly consequences or delays. Whether you’re preparing your estate plan and choosing someone for this important role, or you’ve recently been appointed and aren’t sure where to begin, we’re here to help.

Have Questions About Probate or Your Role as a Personal Representative?

Let us guide you through the process with clarity and confidence. Contact The Soto Law Office at (321) 972-2279 or visit www.TheSotoLawOffice.com to schedule a consultation. We're here to help you fulfill your legal responsibilities and protect your loved one’s legacy—every step of the way.