Just because someone is named in a will as the Florida executor of an estate does not mean that they get to serve. Florida estate lawyers know that you may not be qualified to serve as Florida executor if you fall into one of the Probate Rules which rules you out.
Who is Qualified to Be Florida Executor and Run the Probate?
- Anyone over the age of 18
- Who is mentally and physically able to perform the duties of a Florida executor may serve as executor
- In Florida, we call an executor, one who administers or “runs” a probate or an estate, the Personal Representative
- For Florida probate purposes, a Personal Representative and an Estate Executor are really the same thing
Who is NOT Qualified to Serve as Florida Personal Representative ?
- Felons — and remember, the type of conviction does not matter
- People who are not able, mentally or physically, to perform their duties.
Q: Does this mean that if someone is running a Florida estate and they are mentally challenged or declining, you might have them removed as executor?
A: Potentially, yes.
- Certain Non residents
- Certain trust companies or banks which are not authorized to do business in Florida
Remember: if someone was appointed to run the Florida estate and you later learn that they are a felon or are not capable of running the probate, or they are a non resident who cannot serve, you have a duty to inform the Palm Beach probate court