Detailed Answer
In Florida, when someone dies intestate (without a valid will), the court appoints an administrator to handle the estate. Section 733.201, Florida Statutes, establishes a strict order of priority for appointment: surviving spouse, children, parents, and so on. You can review this hierarchy in detail here: F.S. 733.201.
If a higher-priority heir exists, you must show one of the following before the court will consider your petition under F.S. 733.203:
- Disqualification: The heir is under guardianship, is a nonresident without bond, or otherwise fails to qualify under Florida law.
- Waiver or Renunciation: The heir formally renounces or waives entitlement to appointment. Under F.S. 733.212, a written renunciation filed with the court removes that person from the priority list.
- Refusal or Failure to Act: The heir refuses to serve or fails to timely petition for administration.
To pursue appointment:
- File a Petition for Administration (Petition) with the clerk of the circuit court in the county where the decedent resided.
- Attach affidavits or documents showing the higher-priority heir’s disqualification, renunciation, or refusal to serve.
- Provide notice to all interested parties following Florida Rule of Probate Procedure 5.040 or 5.121.
- Attend the hearing. If the court finds that the higher-priority heir cannot or will not serve, the court may appoint you as administrator.
If appointed, you must qualify by filing an oath and bond as required by F.S. 733.803. Once qualified, you gain authority to manage estate assets, pay debts and taxes, and distribute property under Florida’s intestacy rules.
Helpful Hints
- Obtain clear evidence of the higher-priority heir’s renunciation or inability to serve.
- Consult local probate forms to ensure your petition meets format requirements.
- Provide timely and proper notice to avoid delays or objections.
- Consider informal family mediation if heirs dispute priority or appointment.
- Keep organized records of all filings, notices and court orders.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.