The Short Answer

In Florida, disagreements over who should serve as executor (called a “personal representative”) are resolved by applying Florida’s statutory order of preference and the court’s determination of who is qualified and best suited to serve. If someone with higher legal priority was not properly notified, the court can revoke the appointment and appoint the person with priority after notice and a hearing.

What Florida Law Says

Florida probate courts do not simply pick whoever the family agrees on (or whoever files first). The court looks to the will (if there is one), the statutory priority rules, and whether the proposed personal representative is legally qualified. When family members disagree, the dispute typically turns on (1) who has priority to be appointed, (2) whether the nominee is qualified, and (3) whether required notice was properly served.

The Statute

The primary law governing this issue is Fla. Stat. § 733.301 (Preference in appointment of personal representative).

This statute establishes an order of preference for appointment (different rules apply depending on whether the estate is testate with a will or intestate without a will), and it also allows the court to revoke letters if a person with higher priority was not served with formal notice and later seeks appointment.

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 disputes can be time-sensitive, and certain objections are subject to short, statute-based time limits once notice is served. For example, Florida’s notice of administration statute imposes a 3-month deadline for certain objections after service. See Fla. Stat. § 733.212.
• Burden of Proof: If you are challenging a proposed personal representative, you may need evidence that the person is not qualified or not appropriate (for example, disqualifying factors can apply). See Fla. Stat. § 733.303.
• Exceptions and Court Discretion: Even when multiple people have standing to seek appointment, the court may choose the person it finds “best qualified” in certain situations under the preference rules, and disputes can escalate into broader litigation that affects the estate’s timeline and costs.

Trying to handle an executor/administrator fight without counsel can lead to missed notice issues, waived rights, or an appointment that becomes much harder (and more expensive) to undo later.

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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.