There was an interesting article titled “Who May Serve as Personal Representative in Florida by Bo Trudeau in Fall Action Line, page 12 of RPTTL Section of Florida Bar Magazine. In particular, the article covers nonresidents and what would make it so that they were able to serve as a personal representative.
Florida Statute 733.304 provides that nonresidents may serve as personal representatives only if they are:
- a legally adopted child or adoptive parent of decedent
- related by lineal consanguinity to any such person
- or the spouse of someone who qualifies under one of the above categories
These categories reflect the legislature’s intent to restrict nonresident personal representative appointments to individuals with close family ties through blood, adoption, or marriage. However, the statutory language requires careful interpretation, particularly in modern family contexts.
The word lineal means a direct line, and in this context a direct vertical line. Consanguinity refers to a blood relationship between individuals-meaning they share a common ancestor. Thus, lineal consanguinity refers to direct bloodline relationship between individuals—either ascending (i.e., parent, grandparent, etc.) or descending (i.e., child, grandchild, etc.) In other words, it traces only vertical connections in the family tree, moving directly up and down through generations. It does not include lateral relationships.
For example, siblings are related through lateral consanguinity but not lineal consanguinity- they share a common ancestor but are not in direct vertical line. Similarly, a person is related to aunts, uncles, nieces, nephews through lateral consanguinity-their relationships are horizontal in the family tree. Adopted family members are not related by consanguinity (lineal or lateral), as the term applies only to biological or blood relationships.
In most cases, Florida Statute 733.304 permits the appointment of nonresident family members who are most commonly considered by Florida testators. Spouses, parents, adult children, and biological siblings likely compromise the vast majority of both desired and appointed personal representatives. However, there are certain relationships that require close inspection before assuming a nonresident family member may serve. For some of these family members, it is clear they are not permitted to serve, while for others, the answer is ambiguous.
If you have more questions regarding a Probate Administration matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.