Who can serve as Personal Representative in Florida?
Estate Estate Planning Estate Trusts Estate Wills & Probate
Summary: Who can serve as Personal Representative in Florida?
WHO
CAN SERVE AS PERSONAL REPRESENTATIVE IN FLORIDA?
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 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 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