Blog

Who is Eligible to Be a Personal Representative of an Estate in the Orlando, Florida Area?

Florida Statute 733.302 provides general guidelines on who may be appointed as a personal representative. This statute says that, subject to the limitations in this part, any person who is sui juris (of age) and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida. However, there are several Florida statutes that go into more detail about what this means. Learn more about these statutes below. 

Florida Statute 733.304 Nonresidents lays out when a nonresident may be Personal Representative. 

A person who is not domiciled in the state cannot qualify as personal representative unless the person is:

(1) A legally adopted child or adoptive parent of the decedent;

(2) Related by lineal consanguinity to the decedent;

(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or

(4) The spouse of a person otherwise qualified under this section.

Florida Statute 733.301 lays out the preference in appointment of personal representative. 

Here’s what it says:

(1) In granting letters of administration, the following order of preference shall be observed:

(a) In testate (meaning having made a valid will before one dies) in such estates:

1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will.

2. The person selected by a majority in interest of the persons entitled to the estate.

3. A devisee under the will. If more than one devisee applies, the court may select the one best qualified.

(b) In intestate (one who dies without a valid will), in such estates:

1. The surviving spouse.

2. The person selected by a majority in interest of the heirs.

3. The heir nearest in degree. If more than one applies, the court may select the one best qualified.

(2) A guardian of the property of a ward who if competent would be entitled to appointment as, or to select, the personal representative may exercise the right to select the personal representative.

(3) In either a testate or an intestate estate, if no application is made by any of the persons described in subsection (1), the court shall appoint a capable person; but no person may be appointed under this subsection:

(a) Who works for, or holds public office under, the court.

(b) Who is employed by, or holds office under, any judge exercising probate jurisdiction.

According to Florida Statute 733.303, this is who is not qualified to be a personal representative: 

(1) A person is not qualified to act as a personal representative if the person:

(a) Has been convicted of a felony.

(b) Is mentally or physically unable to perform the duties.

(c) Is under the age of 18 years.

(2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301.

If you have more questions regarding an Estate Administration matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.