Florida's Wrongful Death Act establishes that the personal representative of the decedent must be the one to institute the wrongful death cause of action on behalf of survivors and the decedent's estate. The purpose of this requirement is to eliminate multiple lawsuits from each of the decedent's survivors. Florida's Probate Code 733.301-304 enumerates the qualifications for appointing a personal representative. Generally, a personal representative is appointed prior to filing a wrongful death action however, it is not necessary. If the wrongful death complaint alleges that the personal representative has been or will be appointed, it will withstand a motion to dismiss. When a wrongful death attorney files the complaint, he or she must include the decedent's beneficiaries, the estate, and their relationships to the decedent.

Under Florida Statute 733.202, any person having a claim to the decedent's estate may file a verified petition for administration of the decedent's estate to become a personal representative. Where the decedent has left a will nominating a personal representative, that individual will have preference. In an intestate estate, the order of preference is as follows: the surviving spouse, a person selected by a majority interest of the heirs, and the heir nearest in degree.

Any person who is not legally disabled and is a resident of Florida at the time of the decedent's death qualifies as a personal representative. However, there are some disqualifying factors: minors under the age of 18, convicted felons, and those who are mentally or physically unable to perform will be disqualified to perform as personal representative. Additionally, non-residents and foreign individuals may also qualify as personal representatives provided they meet the criteria under Florida Statute 733.304.

Once a personal representative has been appointed, he/she owes a fiduciary duty to all of the survivors of the decedent. When the personal representative receives a nonspecific settlement offer, he or she must divide the proceeds among the decedent's survivors and the estate in a reasonable manner. If the personal representative acts in bad faith, he or she will be liable to the interested parties for breach of the fiduciary duty. Therefore, an experienced Florida attorney should assist in finding an appropriate personal representative.