• Who can Serve as a Personal Representative in a Florida Probate?
  • November 21, 2017 | Author: Anthony Joseph Cetrangelo
  • Law Firm: Threlkeld & Cetrangelo, P.A. - Naples Office
  • Who can Serve as a Personal Representative in a Florida Probate?

    When a Formal Administration probate is opened in Florida, the Estate must be represented by a person. In Florida that person is usually called the "Personal Representative" but this is synonymous with the terms "Executor" and "Administrator". The Personal Representative acts on behalf of the Estate after the Judge issues what is called the "Letters of Administration".

    Most people can qualify as a Personal Representative of an Estate. You cannot qualify if you are a convicted felon, a minor, mentally or physically unable to handle the job. There is also a statutory order of preference depending on if the Estate had a Will (Testate) or did not have a Will (Intestate). Please see below for the general order of preference for selection of a Florida resident Personal Representative.

    General Order of Preference of a Personal Representative with a Will (Testate)

    General Order of Preference in an Estate with a Will (Testate):

    Person or Entity selected by the Will, or
    Person Nominated by a power conferred by the Will
    Person who is the successor to the Person or Entity selected by the Will
    Person selected by a majority in interest of the persons entitled to the Estate
    The Best-qualified devisee under the will as selected by the court
    Any eligible person appointed by the court

    General Order of Preference of a Personal Representative without a Will (Intestate)

    General Order of Preference in an Estate without a Will (Intestate):

    Surviving Spouse
    Person selected by a majority in interest of the heirs
    Heir nearest in degree to decedent
    Best-qualified Heir as selected by the court

    Any eligible person appointed by the court