The Short Answer

In Florida, getting “letters testamentary” (often called letters of administration in the Florida Probate Code) generally requires a court to appoint a qualified personal representative and issue letters authorizing that person to act for the estate. Who has priority to serve—and whether the court can revoke and reissue letters later—depends on the will (if any), family relationships, and whether proper notice was given.

What Florida Law Says

Florida probate is a court-supervised process used to appoint a personal representative and administer assets that do not pass automatically outside probate. The court’s authority to issue letters is tied closely to who has legal priority to be appointed, and disputes can arise quickly if multiple people claim the right to serve or if someone with higher priority was not properly addressed at the outset.

The Statute

The primary law governing who is entitled to be appointed and receive letters is Fla. Stat. § 733.301.

This statute establishes an order of preference for appointment of a personal representative (for testate estates, starting with the person nominated in the will; for intestate estates, starting with the surviving spouse), and it also allows previously issued letters to be revoked in certain circumstances (including when a person with higher preference later seeks appointment or when a will is later admitted to probate).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate matters can become time-sensitive once letters are issued and the administration begins—especially if someone later challenges the appointment or a later will is presented, which can trigger revocation and reissuance of letters under the statute.
• Burden of Proof: If there is a dispute about who should serve, you may need evidence showing the will’s nomination, family status, waivers, or why another applicant is not qualified—issues that can quickly become contested.
• Exceptions: Priority is not always the end of the analysis; notice problems, competing applicants, later-discovered wills, and special situations (like nonresident estates with Florida assets) can change who is entitled to act and what the court will allow.

Trying to handle this alone can lead to avoidable disputes, delays, or a court order revoking letters—creating extra cost and risk for the estate and the family.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.