Who should be Executor, or Personal Representative, of your Florida estate administration?
Sometimes, when clients are just beginning to initiate the probate process on a Florida estate, there can be issues deciding who should be the executor (or “personal representative”) of the estate. These questions usually arise when there is no will, or the will does not specif icy who the personal representative should be. If this is the case, the Florida Probate Code comes into play to determine who should assume the role.
Florida Probate Code § 733.301 provides the following in order of preference:
(b) In intestate estates:
- The surviving spouse.
- The person selected by a majority in interest of the heirs.
- The heir nearest in degree. If more than one applies, the court may select the one best qualified.
It is important to remember that, when it comes to your Florida inheritance, these rules only apply when there is no will, or the will does not nominate a personal representative. However, Section 733.301 may also be considered if the person nominated in the Will is ineligible to serve.
For instance, a person can be ineligible to serve as personal representative in Florida if they:
- Have been convicted of a felony;
- Are mentally or physically unable to perform the duties;
- Are under the age of 18 years.
See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Probate Law, Estate Planning, and Estate Administration in Florida.