Legal Question in Wills and Trusts in Florida

Re: Death of Older Parent

Florida Statute 733.301 - Preference in appointment of personal representative.--

(1) In granting letters of administration, the following order of preference shall be observed:

(a) In testate estates:

1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will.

2. The person selected by a majority in interest of the persons entitled to the estate.

. A devisee under the will. If more than one devisee applies, the court may select the one best qualified.

(b) IN INTESTATE ESTATES(NO WILL):

1. The surviving spouse.

2. The person selected by a majority in interest of the heirs.

3. The heir nearest in degree. If more than one applies, the court may select the one best qualified.

(2) A guardian of the property of a ward who if competent would be entitled to appointment as, or to select, the personal representative may exercise the right to select the personal representative.

(3) In either a testate or an intestate estate, if no application is made by any of the persons described in subsection (1), the court shall appoint a capable person. . .

Re: Death of Older Parent

Anyone who is a beneficiary or next of kin can file a Petition with the Probate Court to open probate and petition to be the Personal Representative to "handle the estate".