The first step in having a personal representative appointed is determining who may act as personal representative. If a decedent had a will, that document will state who has preference to serve as personal representative. If a decedent had no will, Florida Statute 733.301 determines who has preference to act.
The proposed personal representative will file a Petition for Administration with the Circuit Court having jurisdiction over the estate, and must also take an oath to lawfully administer the estate. Florida Probate Rule 5.320 outlines the requirements of the oath. In the oath, the proposed personal representative must affirm that they (1) are 18 years of age or older, (2) have never been convicted of a felony, (3) have never been convicted IN ANY state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult (as defined in section 825.101, Florida Statutes), (3) are mentally and physically able to perform the duties of personal representative and (4) are a resident of the State of Florida or (a) a legally adopted child or adoptive parent of the decedent, (b) a blood relative of decedent or spouse, or (c) the spouse of any of preceding individuals.
If the personal representative is accepted, they are given “Letters of Administration” which give power over the estate.
Personal Representatives are sometimes required to pay a bond. This requirement can usually be waived when the personal representative is a family member.
If you have lost a loved one who either was a resident of, or owned property in the the State of Florida, and need assistance with Florida Probate, CLICK HERE, to schedule a consultation with a Florida Probate Attorney.
We serve clients throughout Florida, including, but not limited to, those in the following localities: Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, and Newberry; Bay County including Panama City
