Who Can Serve as a Personal Representative in Florida?

In the state of Florida, the role of a personal representative in the probate process is an important one. The personal representative is responsible for managing the deceased’s estate, paying debts, and distributing assets to the rightful beneficiaries. But who can actually serve in this capacity?

Eligibility Requirements

Resident and Relative Requirements

To qualify as a personal representative in Florida, an individual must meet certain eligibility requirements. First and foremost, the person must be a resident of Florida at the time of the decedent’s death. However, there are exceptions to this rule – a non-resident can serve as a personal representative if they are a close relative of the deceased, such as a spouse, sibling, parent, child, or other close family member.

Age and Criminal History

In addition to the residency and relationship requirements, the personal representative must also be at least 18 years of age and have no felony convictions on their record. Individuals with mental or physical incapacities that would prevent them from properly managing the estate are also ineligible to serve.
Order of Preference
The order of preference for appointing a personal representative in Florida depends on whether the decedent had a valid will (testate estate) or not (intestate estate).

Testate Estates

For testate estates, the order of preference is:

The person or entity named in the will or nominated by a power conferred in the will
The successor to the person or entity named in the will or nominated by a power conferred in the will
A person selected by a majority 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

Intestate Estates

For intestate estates (no will), the order of preference is:

The surviving spouse
A person selected by a majority 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