Florida Statutes Limit Who Can Serve as Your Personal Representative – Do You Know the Rules?

Are you currently drafting a West Palm Beach will and  estate plan? Do you know who you want to serve as the personal representative? Do you know the rules under Florida law for determining who can serve as the personal representative in your West Palm Beach estate’s probate? Know the rules now and avoid a confusing dispute later.

Who is Entitled to Serve as a Personal Representative?

• For a testate decedent (one with a valid West Palm Beach will) the order of preference is (i) the person chosen in the will, (ii) a person selected by a majority in interest of person’s entitled under the will, and (iii) any devisee.
• Unless there are unforeseen changes of circumstance (ex. The appointed person is a divorced spouse, or already died) or the person appointed is not allowed under the statute, the court in West Palm Beach is going to have little to no discretion on appointing that person as the personal representative.
• For an intestate decedent (one without a valid West Palm Beach will) the court must issue letters testamentary according to the statutes order of preference.
• That order is: (i) the surviving spouse, (ii) the person selected by a majority in interest and (iii) the heir nearest in degree.

What Qualifications are needed to be a West Palm Beach Personal Representative?

• A personal representative must be over the age of 18.
• They must also have mental capacity and not be a convicted felon.
• 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.
• 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.

Duties of a Personal Representative

• The personal representative must secure and preserve the estate and keep the assets separate from other (including her own) property.
• If there is unoccupied homestead property the personal representative should take care to preserve, insure and protect the home.
• Did you know the standard of care for a personal representative is the same as that of a West Palm Beach trustee?
• There is a duty to file inventory of the property of the estate this also includes a duty to amend and supplement as necessary.