Generally, a personal representative can be a person, bank, or trust company. To qualify as personal representative, an individual must be a Florida resident or a close relative of the decedent. An individual who is not a Florida resident, and is not a close relative of the decedent, is not qualified to serve as a personal representative.
Additionally, an individual must be at least eighteen (18) years of age, mentally and physically able to perform the duties, and not a convicted felon.
Florida Statutes Section 733.302 addresses who may be appointed as a personal representative.
Florida Statutes Section 733.303 addresses persons not qualified to serve as personal representative.
Florida Statues Section 733.304 addresses the qualifications for nonresidents to serve as personal representative.
Florida Statutes Section 733.305 states that “All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers in Florida, and all national banking associations and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida shall be entitled to act as personal representatives and curators of estates.”
Our law firm routinely represents clients in probate administration proceedings throughout the state of Florida. Please call (407) 862-9449, email firstname.lastname@example.org, or complete our contact form to speak to attorney Edelstein if you have any questions or would like to discuss a probate matter.