Florida — How to Be Appointed Estate Administrator or Co-Administrator | Florida Probate

Disclaimer: This article explains general Florida probate procedures for informational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Florida probate attorney.

Detailed Answer — How appointment as an estate administrator or co-administrator works in Florida

In Florida, the person who manages a deceased person’s estate is called a personal representative. If the decedent left a valid will, the person named in the will is typically appointed as the personal representative (sometimes called an executor). If there is no will, or the named person cannot or will not serve, the court appoints an administrator (a personal representative appointed by the court). Courts may also appoint two or more people to serve together as co-personal representatives when appropriate.

Key statutory guidance for probate administration is found in Florida Statutes, Chapter 733 (Administration of Estates). For background on wills and intestate succession see Florida Statutes, Chapter 732. See: Fla. Stat. ch. 733 (Administration of Estates) and Fla. Stat. ch. 732 (Wills and Intestate Succession).

Step-by-step process to seek appointment

Determine whether a valid will exists. Locate the original will if one was made. The person named in the will usually has priority to be appointed. If no will exists, appointment follows statutory priority among heirs.
Gather required documents. Common documents to prepare before filing include the original will (if any), the certified death certificate, a list of likely heirs and beneficiaries, and a rough inventory or estimate of estate assets. The county probate clerk can provide a checklist and required forms for the local court.
File a petition for administration with the county probate court. You (or an attorney) file a petition or application asking the court to open probate and appoint a personal representative. When there is a will, the filing is a petition for probate of the will and issuance of Letters Testamentary. Without a will, the filing is for appointment of an administrator and issuance of Letters of Administration. The clerk will accept the petition and record it.
Serve or notify interested persons and creditors. Florida law requires notice to certain interested persons (heirs and beneficiaries) and to creditors. The petitioning party must follow statutory notice procedures and timelines found in the probate statutes and local rules.
Bond and qualifications. The court will determine whether a bond (insurance to protect the estate) is required. Many wills waive bond for a named personal representative; when no waiver exists the court may require bond. The court also confirms the proposed representative meets basic qualifications (adult capacity, willingness to serve, no legal disqualifications under the statutes or local rules).
Hearing and issuance of Letters. If there is no dispute, the court often appoints the nominated person and issues Letters of Administration or Letters Testamentary. If two or more persons request appointment or a nominee is contested, the court schedules a hearing to decide who will serve. Once appointed, the court issues official documents (Letters) authorizing the personal representative to act for the estate.
Co-administrators. The court may appoint co-personal representatives (co-administrators) when requested by the will or when the court finds it appropriate. Co-administrators share fiduciary duties; the court may divide or limit powers among them. When seeking to serve with someone else, explain the reason for multiple appointees and propose how responsibilities will be shared.
Post-appointment duties. After appointment, the personal representative must collect and secure assets, file inventories, provide creditor notice, pay valid debts and taxes, maintain estate records, and ultimately file accounting and ask the court to approve distributions to beneficiaries in accordance with the will or statute. The probate statutes set deadlines and reporting requirements.

When appointment is contested

If more than one person requests appointment or if an interested person objects to the nominated representative, the court resolves the dispute. The court follows statutory priority rules and considers the decedent’s will, relationships, and fitness to serve. If you anticipate a contested appointment, filing a clear petition with supporting facts and being prepared to attend a hearing is critical.

Where to find forms and local procedures

Probate practice and forms vary by county. The Florida Courts website and your local county clerk of court provide probate forms and filing information. See the Florida Courts probate resources page: Florida Courts — Probate and Guardianship Resources. For statutory text see the links to Chapters 732 and 733 above.

Helpful Hints

Contact the probate clerk in the county where the decedent lived before filing. Clerks provide local filing requirements, fee schedules, and packet forms.
Always take or attach the original will. Courts generally will not probate a copy unless the original is unavailable and special procedures are followed.
Get certified copies of the death certificate early—courts and institutions commonly require them.
If the will waives bond for a named personal representative, include that provision in your filing to avoid bonding costs (subject to court approval).
If you seek to serve alongside another person, file a petition explaining how duties will be shared and why joint appointment serves estate administration.
Keep clear records and separate estate funds from your personal funds. Fiduciary duties are strict; poor recordkeeping creates liability risk.
If an appointment is likely to be contested or the estate is complex (real property, business interests, tax issues), consult a probate attorney early to avoid costly mistakes.
Use statutory resources: review Florida Statutes, Chapter 733 for administration procedure and Chapter 732 for wills and intestate succession.

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Remember: This guide explains common steps under Florida law but does not cover every situation. For a tailored plan and representation through filing, hearings, bond, and distribution, speak with a licensed probate lawyer.