Florida Personal Representative (executor) - who can serve and who is prohibited from serving
Brief explanation of who can and cannot serve as a personal representative under Florida law.
Who may be appointed as personal representative?Florida Statute Section 733.302 states that any adult (18 or older) may serve as personal representative provided the individual is "sui juris" (legal competency) and a Florida resident.
Nonresident personal representative?Florida Statute Section 733.304 provides that an individual who does not live in Florida may not serve as personal representative unless (1) they are a legally adopted child or parent (2) related by lineal consanguinity (3) a spouse or a brother, sister, uncle, aunt, nephew or niece or someone related by lineal consanguinity to such person and (4) The spouse of a person otherwise qualified under this section. Essentially, to qualify as a personal representative you have to be a resident or a family member. Keep in mind that a brother-in-law or sister-in-law does meet one of the above exceptions, so for such person to serve they must live in Florida.
Who is not qualified to serve as personal representative?Florida Statute Section 733.303 prohibits anyone who (1) has been convicted of a felony (2) is mentally or physically unable to perform the duties or (3) is under the age of 18 from serving as personal representative.
Objecting to an unqualified personal representativeFlorida Statute Section 733.301 generally requires an individual to resign as personal representative if they know they're not qualified. If a personal representative was qualified at appointment but is later would not qualify to serve, he or she must provide notice to all interested parties. An interested party has 30 days from receipt of such notice to request that individual be removed as personal representative. If the personal representative fails to provide notice, any interested party may file a motion to remove and charge the attorney fees and costs against the personal representative.