Does a person named as executor in a will have an absolute right to serve?
No. A person who is named, or nominated, under a last will to serve as executor, or personal representative, does not have an absolute or unfettered right to serve in that fiduciary role. A probate court has the discretion to appoint someone else to serve as personal representative of an estate (sometimes referred to as an executor in states other than Florida). The probate court may not appoint someone named in a will to serve as personal representative or executor if that person has a conflict of interest, or is “unsuitable.” The Second District Court of Appeal recently discussed this in an opinion dated April 26, 2013. For a copy, email firstname.lastname@example.org.