Florida Personal Representative – Designation and Qualifications

Posted By on May 27, 2009

I am often asked about the qualifications for someone to act as a Florida Personal Representative. Any person who has capacity and who is a resident of Florida at the time of the testator’s death may qualify as the Florida Personal Representative. A person who is under 18, who has been convicted of a felony, or is unable to perform the duties of the personal representative is not qualified. Fla. Stat. 733.303(1). Most often a problem arises where a person who is not domiciled in Florida is named as the primary personal representative in a Florida Will or where a non-domiciled person seeks to be the Florida Personal Representative in an estate with no will. In these situations, Florida Statute 733.304 sets out who may qualify as a personal representative of a Florida estate. The statute states the following persons may qualify:

  1. The decedent’s legally adopted child or adoptive parent;
  2. Related by lineal consanguinity to the decedent;
  3. The decedent’s spouse, brother, sister, uncle, aunt, nephew or niece;
  4. Someone related by lineal consanguity to the those listed in 3; or
  5. The spouse of any of those listed in 1 through 4.

Another situation where this issue arises is where the original personal representative no longer qualifies to act, or dies themselves, and the Court is faced with appointing an alternate personal representative. In that case, the alternate personal representative must also meet the requirements of the statute.

If you have been appointed as a Florida Personal Representative or are interested in finding out more information about this topic, please post a comment to this blog and I will respond with the information you or looking for. Alternatively, you can contact me by email or calling me at (954) 458-8655 and we will be happy to answer your questions. I offer a free initial consultation.

Comments

6 Responses to “Florida Personal Representative – Designation and Qualifications”

  1. Sandy Lattimer says:

    Can I have my husband’s daughter, (my step-daughter), who resides in Washington, DC, be my Personal Representative?

  2. Patricia Locke says:

    In the state of FL CAN SOMEONE WITH A FELONY RECORD QUALIFY TO ACT AS PERSONAL REPRESENTATIVE OF A RELATIVES ESTATE?

  3. Hi Patricia,
    Here is Florida Statute 733.303 in answer to your question: nope.

    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) Is mentally or physically unable to perform the duties.
    (c) 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.

  4. Nancy Meekin says:

    If I designate my husband as personal representative and the son of my husband as alternate ….

    Thank you.

  5. Nancy Meekin says:

    Sorry – PS my stepson lives outside Florida

  6. Hi Nancy,
    Sorry if this is frustrating! However, we’re not allowed to answer personal queries in blog post comments, so we ask that you give our office a call (see the toll free number above?) for a chat. (We removed your personal info in the comment for your privacy and protection.)

    Thanks,
    Larry

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