Are you wondering if you are able to administer a Palm Beach probate or are able to serve as the Florida Personal Representative of the estate? Well you should know who is eligible to be the executor and who cannot serve.
Who Is Eligible to Administer the Palm Beach Probate?
- Florida probate lawyers know that sometimes there is a huge difference between who CAN OR MAY SERVE and who WILL serve to administer the estate
- In Palm Beach probate circles, we call the person who runs the estate, or who administers the estate, the Personal Representative
- Some states call the Personal Representative the Executor
- Felons are not eligible to be the executor
- Minors, those under age 18, are not eligible to be the Personal Representative
- Those who are physically or mentally unable to perform the duties of a Personal Representative may not serve as the executor
- Non Residents of Florida: A person who is not domiciled in Florida cannot qualify to serve as personal representative of a Florida estate unless the person falls into one of the categories in Florida Probate Code Section 733.304.
- The person who opens the estate is often called the Petitioner because they file a petition for administration with the probate court where the Florida resident lived
- The person who opens the probate is often referred to as the Petitioner and he or she may, or may not, be appointed by the Probate Court judge to adminster the estate
- You must give proper NOTICE under the Florida Probate Code to those entitled to notice and an opportunity to be heard in the Probate Court
- A probate court judge will, if necessary, hold a probate trial on who will be the Personal Representative. But there are certain circumstances when a trial may be avoided, saving time & $$
- The Probate Court judge will issue two very important court documents when they appoint a Personal Representative: an Order and also Letters of Administration. You should know the difference and how to use them to administer the estate.