Who Has Priority to Serve as Personal Representative in Florida?

For a testate estate, the order is the personal representative nominated by the will or under a power in the will, or that person's successor, then the person selected by a majority in interest of those entitled to the estate, and then a devisee under the will. If more than one devisee applies, the court may select the applicant it finds most qualified.

For an intestate estate, the order is the surviving spouse, then the person selected by a majority in interest of the heirs, and then the heir nearest in degree. If more than one heir applies, the court may select the most qualified applicant. A guardian of the property of a ward who, if competent, would be entitled to serve or to select the personal representative may exercise the right to select the personal representative.

If no one in these groups applies, the court appoints a capable person, but not someone who works for or holds office under the court or any judge exercising probate jurisdiction.

Preference can matter after letters are issued. A person with preference who did not waive it and was not served with formal notice may seek appointment, and the letters may be revoked after formal notice and a hearing. If a will is later admitted to probate, the letters are revoked and new letters are granted.

The role itself is explained in the role of a personal representative, and residency limits are covered in whether a person outside Florida can serve.