When someone passes away in Florida without a Last Will and Testament, the process of settling their estate falls under Florida’s intestate succession laws. A key question in this situation is: Who has the right to be appointed as the personal representative (PR)? The personal representative (commonly called an “executor” in other states) is responsible for managing the estate—this includes collecting assets, paying debts, and distributing property to heirs.
Florida Statute 733.301 outlines the order of priority for who can be appointed to serve as the personal representative when there is no Will.
Order of Priority When There Is No Will (Intestate Estates)
According to Florida Statute 733.301(1)(b), the following people are given preference:
- The deceased person’s legal spouse at the time of death
- An individual chosen by most of the eligible heirs based on their share of the estate
- The heir nearest in degree (closest living relative)
If multiple people meet this criteria, the court may choose the person best qualified.
In simpler terms, if there’s no Will, the court generally starts by asking if the deceased person had a surviving spouse. If not, the next closest family members or a majority of heirs can agree on someone to act as the personal representative.
Special Cases and Additional Rules
- If the person who passed away had a court-appointed guardian for their property, that guardian may have the right to nominate someone to serve as the personal representative—so long as the nominee meets Florida’s legal requirements.
- If no eligible family members come forward to apply, the court may appoint a capable, unrelated person. However, the law prohibits court employees or anyone working under a probate judge from being appointed.
Can Someone Be Disqualified From Serving as Personal Representative?
Yes—under Florida law, certain individuals are ineligible to serve as PR, even if they are named in a Will or have priority under intestate succession:
- Someone convicted of a felony
- A person who is mentally or physically unable to perform the required duties
- Anyone under the age of 18
Additionally, if a Will is later found and admitted to probate after someone has already been appointed under intestate rules, that appointment can be revoked and the person named in the Will may then be appointed, assuming they are eligible.
What If There's a Dispute?
Disagreements can arise—especially when there’s no Will. If multiple family members want to serve as personal representative or disagree about who should, the probate court will hold a hearing and decide based on the best interest of the estate and the qualifications of each person.
