Who Can Be Personal Representative?

Do you REALLY want to run the estate? LOL. Seriously, it’s a lot of work . It requires time, focus and some energy. Even if you hire a lawyer who does most of the heavy lifting. So, who can be personal representative of a Florida estate? And, why would you want to be the estate executor?

Why be a personal representative?

Can I be a personal representative of a Florida estate?

Some people cannot be the personal representative.

Why?  Because that’s what Florida law says.  The probate laws create a priority.  Some have preference. 

If you are a felon , you can’t serve.  

Nominated or appointed in a will?  You go to the top of the list. 

And you must, at least !, be related to the decedent by blood or marriage.

If you are not allowed to serve, then you are disqualified.

Sometimes, family members have a trial on who gets to run the estate.

Sometimes, they have a removal trial if one is already serving. 

Consider reading Florida Statute 733.303. Florida Statute 733.303 states who cannot be a personal representative of a Florida estate.

To serve, 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.

733.303 Persons not qualified.—