Legal Question in Wills and Trusts in Florida

The Court is responsible for appointing an alternate.

First, I am sorry for your loss.

The court is responsible for appointing the Personal Representative. However, someone can petition the court for the appointment. Other family members can serve as PR or even non-family members so long as they reside in Florida. The court may appoint an outside PR if no one petitions to serve. Keep in mind, under Florida law a Personal Representative is entitled to compensation for serving in that capacity (unless they waive their fees), and their fees and expenses are paid before most other claims against the estate, even distributions to heirs.

The court would name someone, not his brother nor brother's wife. The court would follow Florida Probate Law which states preference for Personal Representative. However, if you or someone else is looking to be the alternate, a Petition for Nomination of Personal Representation can be filed. The person would have to qualify as a Personal Representative. Because there are multiple heirs involved, Florida Law requires an attorney to represent the Personal Representative.