Who is eligible to be a Personal Representative?

A personal representative is the term for a person named as executor or administrator in a decedent's will or appointed for the decedent's estate. Almost anyone can qualify as a personal representative (except convicted felons, minors or individuals who are mentally or physically unable to handle the work).  Once the personal representative is appointed, the court will issue letters of administration.

Florida residents as Personal Representatives

Florida personal representatives are chosen based on a written document (if testate--with a will) a statutory order of preference (if intestate--no will).

For a testate estate the order of preference is:

• the person or entity selected by the will or nominated by a power conferred by the will
• the successor to the person or entity selected by the will or nominated by a power conferred by the will
• the person selected by a majority in interest of the persons entitled to the estate
• the best-qualified devisee under the will as selected by the court
• any capable person appointed by the court.

For an intestate estate the order of preference is:

• the surviving spouse
• the person selected by a majority in interest of the heirs
• the heir nearest in degree, or the best-qualified heir as selected by the court
• any capable person appointed by the court.

Nonresidents as Personal Representatives

Florida law provides that a nonresident can serve as a personal representative if the person is:

• A legally adopted child or adoptive parent of the decedent;
• Related by lineal consanguinity to the decedent;
• A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or
• The spouse of a person otherwise qualified under this section.

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