What steps do I take to be appointed as estate administrator or co-administrator? - Florida
The Short Answer
In Florida, an “estate administrator” is typically called a personal representative (and “co-administrators” are joint personal representatives). You generally become appointed by filing (or joining) a probate petition asking the court to issue Letters of Administration, and the court will appoint the person(s) with the proper legal priority and qualifications.
Because Florida probate has strict notice requirements and eligibility rules, it’s easy to trigger delays or disputes if the petition is not handled correctly—especially when more than one person wants to serve.
What Florida Law Says
Florida law sets an order of priority for who gets appointed, depending on whether there is a valid will (testate) or no will (intestate). The court generally appoints the person with the highest priority who is qualified, and it can appoint more than one person to serve together in appropriate cases.
The Statute
The primary law governing this issue is Fla. Stat. § 733.301.
This statute establishes the order of preference for appointment (for example, in intestate estates the surviving spouse typically has first priority; in testate estates, the person nominated in the will typically has first priority), and it also allows the court to appoint a capable person if no one with priority applies.
Florida also has rules about who is qualified to serve as a personal representative. See Fla. Stat. § 733.302.
If you are seeking to be appointed as co-administrator, Florida law also addresses how joint personal representatives must act during administration. See Fla. Stat. § 733.615.
Why You Should Speak with an Attorney
While the statutes provide the general priority rules, getting appointed (especially as a co-personal representative) can become contested quickly. Legal outcomes often depend on:
- Strict Deadlines: If someone believes the wrong person was appointed, Florida law can allow challenges that may lead to revocation and re-issuance of letters in certain situations (for example, issues tied to notice and priority under Fla. Stat. § 733.301).
- Burden of Proof: If a family member objects, you may need to prove priority, qualification, and that required notices/waivers were properly handled—errors can delay administration and increase costs.
- Exceptions & Conflicts: Co-administration can create practical and legal friction (who must sign, when majority action is allowed, and how dissent is handled), which is governed by Fla. Stat. § 733.615 and can affect banks, real estate transactions, and distributions.
If you want to be appointed (or share appointment) and there is any chance of disagreement among heirs/beneficiaries, it’s smart to involve a Florida probate attorney early to avoid a preventable fight over letters, notice, and priority.
For more background, you may find these helpful: How Do I Get Letters of Administration in Florida (and What Forms Are Required)? and How Do I Handle a Dispute Over Who Should Be Appointed Executor (Personal Representative) in Florida?.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
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.