733.301 Preference in appointment of personal representative. - Florida Statutes

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.

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

   (b) In intestate estates:

   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; but no person may be appointed under this subsection:

   (a) Who works for, or holds public office under, the court.

   (b) Who is employed by, or holds office under, any judge exercising probate jurisdiction.

   (4) After letters have been granted in either a testate or an intestate estate, if a person who was entitled to, and has not waived, preference over the person appointed at the time of the appointment and on whom formal notice was not served seeks the appointment, the letters granted may be revoked and the person entitled to preference may have letters granted after formal notice and hearing.

   (5) After letters have been granted in either a testate or an intestate estate, if any will is subsequently admitted to probate, the letters shall be revoked and new letters granted.

History. s. 1, ch. 74-106; s. 62, ch. 75-220; s. 21, ch. 77-87; s. 1, ch. 77-174; s. 988, ch. 97-102; s. 98, ch. 2001-226.

Note. Created from former s. 732.44.