If someone dies without a will in Florida, they are considered to have died “intestate,” and the court will appoint a personal representative (also known as an executor) to manage the estate. Florida law gives priority to certain people when choosing who will serve in this role.
Typically, the surviving spouse is first in line. If there is no spouse, or the spouse is unable or unwilling to serve, the role may go to a child, parent, or other close relative. The court ultimately decides who is best suited to handle the responsibilities based on state guidelines.
An estate planning lawyer in Boca Raton can offer further guidance.
What Is a Personal Representative?
A personal representative is the person appointed by the court to handle the estate of someone who has passed away. In Florida, this term is used instead of “executor,” which is more common in other states. The personal representative plays a key role in the probate process, making sure the estate is managed and settled according to state law.
The responsibilities of a personal representative are wide-ranging and include:
- Collecting and securing assets: This involves identifying everything the deceased owned, such as bank accounts, real estate, vehicles, and personal belongings.
- Paying debts and taxes: Before any inheritance is given out, the personal representative must make sure all valid debts, taxes, and final expenses are paid.
- Distributing property to heirs: Once debts are handled, the personal representative distributes the remaining assets to the legal heirs or beneficiaries, as determined by the will (if there is one) or by Florida’s intestate laws (if there isn’t).
The personal representative is expected to act honestly and responsibly, putting the interests of the estate and the heirs first. Because the role involves legal and financial duties, it’s important for the person serving to be organized, trustworthy, and able to follow detailed court rules.
For a free legal consultation, call 561-955-8515
Florida’s Order of Priority for Appointment
When someone dies without a will in Florida, the court must choose a personal representative (executor) to manage the estate. Florida law provides a specific order of priority for who can be appointed, outlined in Florida Statutes §733.301. This order is designed to ensure that someone close to the deceased—who is willing and qualified—takes on the responsibility.
Here’s how the priority list works:
The Surviving Spouse
The first person eligible to serve as personal representative is the deceased person’s surviving spouse. This individual is generally presumed to have the closest connection to the decedent and the best understanding of their financial and personal affairs. The court will give the spouse first consideration unless they are unwilling, unable, or legally unqualified to serve.
A Person Chosen by a Majority of the Heirs
If there is no surviving spouse or if the spouse cannot or does not want to serve, the court will consider a person nominated by the majority of the estate’s heirs (those entitled to inherit). These heirs must hold the majority interest in the estate. As long as the nominated individual is willing and meets the legal requirements, the court typically honors the family’s choice.
The Closest Living Relative (Nearest in Degree)
If no one has been appointed yet and the heirs have not selected a representative, the court will look to the decedent’s next of kin. This means the heir who is most closely related to the deceased, such as a child, parent, or sibling.
If there are multiple relatives at the same level (like two adult children), the court will choose the person it believes is best suited for the role based on factors like responsibility, availability, and familiarity with the estate.
Requirements to Serve as a Personal Representative in Florida
Florida law has specific rules about who can serve as a personal representative (also known as an executor in other states). These requirements help ensure that the person managing the estate is responsible, trustworthy, and legally allowed to do the job.
To qualify, a personal representative must meet the following criteria:
- Be at least 18 years old: The person must be a legal adult to take on the responsibilities of managing someone else’s estate.
- Be mentally and physically able to perform the duties: The court must find that the person is capable of handling the tasks involved, such as organizing finances, dealing with legal matters, and communicating with heirs.
- Be a Florida resident (or a close relative of the decedent if not a resident): Generally, only Florida residents can serve. However, an out-of-state person may qualify if they are a close blood relative, adoptive relative, or a spouse of someone closely related to the person who died.
- Have no felony convictions: A person with a felony conviction is legally barred from serving as a personal representative in Florida, regardless of their relationship to the deceased.
Meeting these qualifications is essential before the court will approve someone to handle estate administration. If no one meets the requirements, the court may appoint a qualified third party.
Click to contact our estate planning lawyers today
When the Court Gets Involved
Sometimes, the probate process doesn’t go smoothly. If family members can’t agree on who should serve as the personal representative, or if no one is willing or legally qualified to take on the role, the court will step in.
- When family members disagree: Disputes can arise when more than one person wants to be the personal representative, or when heirs disagree on who should be chosen. In these situations, the court may hold a hearing and decide who is best suited for the job.
- When no one is available or qualified: If no one steps forward, or if all potential candidates are disqualified due to legal reasons (such as a felony conviction or living out of state with no family relationship), the court won’t leave the estate unmanaged.
- Court appointment of a neutral third party: In the absence of a suitable family member, the court may appoint a neutral third party, such as a professional fiduciary, attorney, or public guardian. This person is paid from the estate and is responsible for handling the legal and financial duties just as a family member would.
In any case where the court must intervene, the goal is to ensure the estate is properly managed and that the wishes of the deceased (when known) are respected.
Complete a Free Case Evaluation form now
Call a Trusted Estate Planning Lawyer Today
If you’re thinking about the future, now is the right time to speak with an experienced estate planning lawyer. A trusted attorney can help you create a clear plan to protect your assets, provide for your loved ones, and make sure your wishes are followed.
Attorney Barry Siegel and the team at The Siegel Law Group, P.A., bring more than 100 years of combined experience helping families plan for the future. They understand how quickly life can change and how important it is to be ready. Contact us today for a free consultation and take the first step toward peace of mind.
Call or text 561-955-8515 or complete a Free Case Evaluation form
