Can a Felon Serve as Personal Representative? April 20, 2016 Fourth DCA Opinion
In Florida, am I entitled to be the personal representative of an estate if I am the sole heir or beneficiary? Can I be personal representative if I was convicted of a felony? What if I was convicted of a misdemeanor? Under Florida probate law, what are the qualifications to become a personal representative?
What Qualifications are needed to be a West Palm Beach Personal Representative?
- Florida Statute 733.303 states who cannot be a personal representative of a Florida estate.
- To be a personal representative, you must be over the age of 18 and have mental capacity.
- You must also be a Florida resident unless you are related to the person.
- The only non-residents who are qualified are your grandparents or any descendants thereof, your adopted children or adopted parent, your spouse or her relatives or the spouse of any of those listed.
- In addition, you cannot be a convicted felon.
- A personal representative who knows or should know that they are no longer qualified to serve must promptly notify the West Palm Beach court by serving a notice setting forth the reasons for the inability.
- Are there exceptions to these qualifications?
- What if I am the only heir of the estate?
- A trust and estates litigator West Palm Beach can help you to answer these questions.
- Check out this April 20,2016 Fourth DCA case regarding convicted felons being appointed personal representatives.
In Re Estate of Sharonda Renae Butler
- Here, a father wanted to be personal representative of his deceased daughter’s estate.
- He was denied a “petition for administration of his daughter’s estate” by the trial court because he had been convicted of a felony.
- He argued to the Fourth DCA that he should still be personal representative because he was the “sole heir“.
- The Fourth DCA affirmed the trial court’s decision.
- It didn’t matter that he was the “sole heir”.
- Because of his felony , under Florida Statute 733.303, the father did not qualify to be personal representative of a Florida estate.
Want to learn more?
Read the entire case by clicking here.
User’s Guide for Florida Probate Litigation & Administration of Estates, Wils & Probates
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process: http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code: http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules: https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct: http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure: http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos: http://www.pankauskilawfirm.
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