Yes. Put another way, can someone who does not live in Florida Florida adminster an Estate or be appointed the Florida executor or Personal Representative?
Question: Do you qualify to serve as Personal Representative of a Florida Estate under the Florida Probate Code?
Answer: If you don’t live in Florida, you need to read this.
Probate Rules for Non Florida Residents Serving as Personal Representative
- OK, so here it is in a nutshell: you want to know if you can run the Florida estate or open the probate without being a Florida resident
- Many Palm Beach probate lawyers will tell you that you can, under the right circumstances
- If you are a non Florida resident and want to be appointed by a Probate Court judge to serve as executor or Personal Representative, read Florida Probate Code Statute 733.304 and see if you qualify
How Non Florida Residents Qualify to Run the Palm Beach Probate
- A person who is not domiciled in Florida cannot, repeat, CANNOT, qualify as personal representative of a Palm Beach probate UNLESS you
- Are a legally adopted child or adoptive parent of the deceased person
- Are related by blood to the deceased person
- Are a Spouse
- A brother or sister
- Uncle or Aunt
- Newphew or Niece
- Or you are someone who is related by blood to the above persons
- Or you are the spouse of a person who is otherwise “qualified”
Things Non Florida Residents Do Not Want to Forget About Serving as Estate Executor in Florida
- So, if you fall into one of the above Non Florida Resident categories of someone who MAY be able to serve, consult a Florida probate lawyer.
- But understand that just because you may serve does not mean that you will definitely serve or run the estate.
- People may object to you running the probate.
- There may be someone named in the will to administer the estate.
- There may be an alternate personal representative named in the will if the first named person does not serve.
- And there may be a probate trial on who will serve as the executor of the Palm Beach estate.
- So get your probate litigators ready with evidence, documents, witnesses and testimony.
- And DON’T FORGET to read Florida Probate Code Sections 733.301 about what PREFERENCES are applied by a Probate Code in considering who will be the Personal Representative, as well as Probate Code 733.3101 if you don’t qualify but have been named or appointed to run the estate