Do I Qualify to Serve as a Personal Representative in Florida?
- Cooper M. Powell
- Oct 29, 2022
- 1 min read
Updated: Mar 4, 2023
In order to serve as Personal Representative in Florida, you must meet the following requirements:
1. 18 years old or older.
2. Physically and mentally capable of serving as Personal Representative.
3. Never been convicted of a felony.
4. Never been convicted of abuse, neglect, or exploitation of an elderly person or a disabled adult.
5. Florida resident or related to the deceased person by blood, marriage, or adoption.
Statutes:
Section 733.302, Who may be appointed personal representative.—
Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.
Section 733.303, Persons not qualified.—
(1) A person is not qualified to act as a personal representative if the person:
(a) Has been convicted of a felony. (b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101. (c) Is mentally or physically unable to perform the duties. (d) Is under the age of 18 years. (2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301.
Section 733.304, Nonresidents.—
A person who is not domiciled in the state cannot qualify as personal representative unless the person is:
(1) A legally adopted child or adoptive parent of the decedent;
(2) Related by lineal consanguinity to the decedent;
(3) 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
(4) The spouse of a person otherwise qualified under this section.
Do you need a probate attorney?
Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.
