Who can Serve as Personal Representative in Florida?

In the Florida probate process, each estate must be represented by someone.  In many states, this “someone” is called an executor or administrator. Florida probate law often uses the term personal representative.   The personal representative’s job begins when the judge issues letters of administration, a document authorizing the personal representative to act on behalf of the estate.

Who Can Serve as a Personal Representative in Florida?

Convicted felons and minors are not eligible.  Neither are individuals who are mentally or physically unable to handle the work.  Beyond that, though, almost anyone can qualify.  Florida personal representatives are chosen based on a statutory order of preference, depending on whether the estate is intestate (no will) or testate (will).

For a testate estate the order of preference is:

• the person or entity selected by the will or nominated by a power conferred by the will
• the successor to the person or entity selected by the will or nominated by a power conferred by the will
• the 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 capable person appointed by the court.

For an intestate estate the order of preference is:

• the surviving spouse
• the person selected by a majority in interest of the heirs
• the heir nearest in degree, or the best-qualified heir as selected by the court
• any capable person appointed by the court.

Nonresidents as Personal Representatives

There are special rules for out-of-state residents who seek appointment as a Florida personal representative.  Florida law provides that a nonresident can serve in this role if 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.

This means that a nonresident will not be allowed to serve unless he or she is the decedent’s spouse, siblings, parents, children, or certain other close relatives.  But since these are usually the persons who are most likely to serve anyway, this limitation does not prevent most out-of-state residents from serving as personal representative.