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Florida Probate: Who can be a Personal Representative?

By David M. Goldman

In Florida who can be a personal representative, or executor, of an estate?

1. The personal representative could be an individual, bank, or trust company, subject to certain restrictions.
2. An individual who is either a resident of Florida, or is a spouse, sibling, parent, child, or certain other close relative, can serve as personal representative.
3. A trust company incorporated under the laws of Florida, or a bank or savings and loan authorized and qualified to exercise fiduciary powers in Florida, can serve as personal representative.

The preference of who will be appointed as the Personal representative is determined first by who is nominated in a will left by the decedent and if there is not a valid will appointing someone who wishes to serve then the surviving spouse has preference with the second preference going to the person selected by a majority in interest of the heirs.

Full post as published by Florida Estate Planning Lawyer Blog on June 08, 2009 (boomark / email).