Florida Form D-28, the Designation of Resident Agent and Acceptance, names a Florida-based person or entity to receive legal papers for an estate’s personal representative, and it must be on file with the Clerk of the Circuit Court before the court will issue letters of administration. The form is short — case information, the agent’s addresses, and two signatures — but Florida Probate Rule 5.110 is strict about both the timing and the content, so small errors stall the entire case.
Who Has to File It
Any personal representative who lives outside Florida must designate a resident agent before the court will issue letters of administration or guardianship.1Florida Supreme Court. Florida Probate Rules – Rule 5.110 A representative who lives in Florida can file one voluntarily but is not required to.
Two categories of personal representatives are exempt from the requirement entirely:
- Corporate fiduciaries, such as banks or trust companies, that already operate from a Florida office.
- Florida Bar members who both live in Florida and maintain an office there.
These exemptions describe who can skip the form, not who can act as an agent. A non-resident individual who is not an attorney or corporate fiduciary has to file before the probate case moves forward.2Florida Supreme Court. Florida Probate Rules – Rule 5.110
Who Can Serve as the Agent
Residency rules for the agent depend on whether the person is a lawyer.
A non-attorney agent must live in the county where the probate case is pending. A friend or relative in a neighboring Florida county does not qualify.3Florida Supreme Court. Florida Probate Rules – Rule 5.110 Residency Requirement A Florida Bar member who is a Florida resident qualifies regardless of which county they live or practice in, which is why the probate attorney on the case is the most common pick.
The role is narrow. A resident agent accepts service of process and court notices for the personal representative. The agent has no fiduciary duty to beneficiaries and no authority over estate assets.
Completing the Form
Most Florida circuits publish their version of the form on the local Clerk of the Circuit Court website under probate forms. Form numbers and layout vary slightly between circuits, so download the one used by the court where the estate is pending.
Case Information
Enter the case number assigned by the Clerk of the Circuit Court, the decedent’s full legal name, and the court division handling the case. Every document in the probate file should carry identical case information; a minor discrepancy in the decedent’s name can create filing confusion.
Designation Details
List the personal representative’s full legal name first, then the agent’s full name and contact information. Rule 5.110 requires the designation to include the agent’s residence street address and mailing address.1Florida Supreme Court. Florida Probate Rules – Rule 5.110 A mailing address can differ from the street address, but a P.O. box alone is not enough for a non-attorney agent. If the agent is an attorney, a Florida office street address and mailing address may be used instead of the attorney’s home address.
Check every address field. Process servers rely on the street address to deliver legal documents, and an incorrect or incomplete address defeats the point of the form.
Signatures
The form needs two signatures. The personal representative signs the designation, confirming the appointment. The agent signs the acceptance, confirming they agree to receive service of process on the representative’s behalf.1Florida Supreme Court. Florida Probate Rules – Rule 5.110 Both signatures should be dated. A form with one signature, or signatures without dates, will be returned by the clerk.
Filing the Form
File the completed form with the Clerk of the Circuit Court in the county where the probate case is pending. Florida courts use the statewide E-Filing Portal, which is available at any hour and provides a time-stamped confirmation of receipt.4Florida Courts E-Filing Authority. Florida Courts E-Filing Portal Register for an account and upload the signed form as a PDF.
Once the clerk processes the form, the court docket shows the resident agent as the designated contact for service of process. Most circuits do not charge a separate fee for the designation; it is typically included in the overall probate administration filing costs. Fee schedules vary by county, so confirm with the local clerk before filing.
Timing matters. The designation has to be on file before the court issues letters of administration. Filing late, after the court has already begun issuing orders, creates procedural problems that slow the whole case. If a probate attorney is handling the matter, this document is usually prepared alongside the petition for administration.
Replacing the Agent Later
Agents move, get sick, or step back. Rule 5.110 covers this directly: if the agent dies, resigns, or becomes unable to act for any reason, the personal representative has 10 days from learning of the change to appoint a successor.1Florida Supreme Court. Florida Probate Rules – Rule 5.110 The replacement uses the same process: a new designation with the successor agent’s information and acceptance signature, filed through the clerk.
Personal representatives also have to notify the court within 20 days of a change to their own address.1Florida Supreme Court. Florida Probate Rules – Rule 5.110 Stale address information for either the representative or the agent risks missed court notices, which can lead to default rulings or sanctions. The 10-day replacement window is short enough that it helps to have a backup agent in mind before one is needed.
Mistakes That Cause Rejection
Most rejections come from a few recurring errors:
- Listing only a P.O. box for a non-attorney agent. The rule requires a physical street address where process can be served.
- Only one signature on the form. Both the personal representative and the agent must sign, even if the agent agreed verbally.
- Choosing a non-attorney agent who lives in a different county. Non-attorney agents must reside in the county where the case is filed.
- Filing after letters of administration have been issued. The designation has to be on record first.
Getting the form right the first time avoids a round trip with the clerk and keeps the issuance of letters, and everything that follows in the probate case, on schedule.