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Florida: How to Be Appointed Executor When the Named Executor Refuses to Serve

August 13, 2025 5 min read

Detailed Answer

Short answer: If your parent’s will names your sibling as personal representative (executor) but that sibling refuses to serve, you can still be appointed in Florida. The key steps are (1) get the refusal documented, (2) check the will for an alternate nominee, and (3) file a petition for administration asking the probate court to appoint you. The court will follow Florida probate law and appoint an appropriate personal representative.

How this typically works (hypothetical facts)

Example facts to make the process concrete: Your parent died in Florida and left a will that names your sibling as the personal representative. The sibling calls, says they do not want the job, and will not appear in court. The will does not name an alternate. You are a beneficiary and want to serve.

Step-by-step under Florida law

  1. Document the refusal. Ask your sibling to sign a written renunciation or file a written renunciation for them if they confirm they refuse. Florida recognizes a formal renunciation by the person nominated. See Florida Statutes §733.305 on renunciation: https://www.flsenate.gov/Laws/Statutes/733.305. A clear written renunciation simplifies the court process because the court treats the nominee as having declined.
  2. Check the will for an alternate nominee. Many wills name a primary and one or more alternate personal representatives. If the will names an alternate, file a petition to admit the will to probate and ask the court to appoint the alternate. The court generally honors the testator’s nominations first. See Florida Statutes §733.301 on appointment of personal representatives: https://www.flsenate.gov/Laws/Statutes/733.301.
  3. If no alternate is named, file a petition for administration. An “interested person”—for example, an heir or devisee—can file a petition asking the probate court to open administration and appoint a personal representative. In that petition you request appointment and state that the named nominee refused or renounced. If you are otherwise qualified and the court finds you suitable, the court can appoint you.
  4. Court priority and suitability. When the person named in the will is unavailable or declines, the court considers the testator’s expressed wishes, then the most suitable qualified person. The court looks to relationships, conflicts of interest, and ability to perform duties. If multiple beneficiaries petition, the court resolves competing claims by considering who is most appropriate to serve. See §733.301 for the controlling framework: https://www.flsenate.gov/Laws/Statutes/733.301.
  5. Prepare the required paperwork. Typical filings include the petition to admit the will, a death certificate, the original will (if available), a sworn acceptance of appointment (if you accept), or proof of renunciation by the named nominee. The clerk’s office or a probate attorney can confirm local forms and filing fees.
  6. Bonds and waivers. The court may require a bond (insurance to protect the estate) unless the will waives bond or beneficiaries agree to waive it. If the will waives bond, the court often follows that waiver unless there is a reason to require bond.
  7. When disputes arise. If other interested persons object to your appointment, the court will hold a hearing and decide who to appoint based on the facts. Contested matters can extend the timeline and increase cost; consider mediation or legal representation if a dispute continues.

Where to file

File the probate petition in the Florida county probate court where your parent lived when they died. The local clerk of court’s probate division can provide filing requirements and local forms.

Timing

If the named nominee promptly signs a renunciation or otherwise makes clear they won’t serve, the court can often appoint a new personal representative quickly (weeks rather than months) in an uncontested case. Contested petitions take longer.

Important statutory references: Renunciation of appointment — Fla. Stat. §733.305. Appointment of personal representative — Fla. Stat. §733.301.

Disclaimer: This article explains general Florida probate procedure only and is not legal advice. Laws change and every case is different. Consult a licensed Florida probate attorney for advice about your specific situation.

Helpful Hints

  • Get the original will and a certified copy of the death certificate early.
  • Ask the named nominee to sign a written renunciation. A simple signed statement helps the court proceed without delay.
  • Look in the will for an alternate personal representative. If present, filing to appoint that person is usually straightforward.
  • If you plan to petition, prepare a short biography explaining your suitability to serve (management skills, residence, absence of conflicts, etc.).
  • Check whether the will waives bond; a bond waiver can save time and cost.
  • Talk to other beneficiaries—if a majority of interested persons support your appointment, the court is likelier to approve it faster.
  • If the estate is small, ask whether summary administration applies and whether a simplified route exists: see Florida Statutes governing summary administration (e.g., see Fla. Stat. §735.201 for summary administration topics).
  • When in doubt or if the situation is contested, consult a Florida probate attorney to file properly and protect your interests.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.