Who is Entitled to Appointment as Personal Representative of an Intestate Florida Estate?

An August 24, 2018 First DCA opinion, Senopoulos v. Senopoulos, regards a dispute over who is entitled to become the personal representative of a Florida estate. Did you know that a personal representative is the same thing as an executor? In Florida, we just use the term “personal representative” instead of “executor”. Is a surviving spouse entitled to be the personal representative of the decedent’s estate? Which family member is entitled to serve as the personal representative of a West Palm Beach estate? What happens if the decedent did not have a will naming who he or she would like to represent his or her estate? 

Here, the father of the decedent filed a petition for administration requesting the court to appoint him as the personal representative of the decedent’s Florida estate. The decedent’s wife, who is now considered the surviving spouse, objected and filed a counter-petition requesting that SHE be appointed as personal representative. The trial court ruled that the decedent’s father should be appointed as the personal representative because he was ” entitled to appointment as the nearest heir of the decedent willing to serve as personal representative.” The wife appealed and the appellate court reversed the trial court’s decision. The First DCA explained that the father was not the “heir nearest in degree” because there is a surviving spouse. The surviving spouse is first in the statute’s order of preference for appointment as the personal representative. To read the entire relevant statute, click here.  If you are seeking to become the personal representative of a Florida estate, and want to interview a probate lawyer, call (561)514-0900 ext.101 for a free consultation.