Detailed answer — how appointment works under Florida law

1) Which law applies and where to file

If the decedent was domiciled in Florida at death, Florida’s probate rules govern the appointment of a personal representative and distribution of assets. The court that handles probate is the circuit court (probate division) in the county where the decedent lived. Florida’s probate and intestacy rules are in Chapters 733 (administration), 732 (intestate succession), and 735 (summary administration) of the Florida Statutes:

• Chapter 733 — Administration of Estates
• Chapter 732 — Intestate Succession
• Chapter 735 — Summary Administration (small estates)

2) Who gets priority to be appointed?

When someone dies without a will (intestate), the court follows statutory priority rules to determine who may be appointed personal representative. In most cases the order gives preference to the surviving spouse, then to heirs in certain categories. If you are the decedent’s sister, you can ask the court to appoint you if higher-priority persons (for example, a surviving spouse or other heirs) do not seek appointment or if they consent to your appointment. See Chapter 733 and Chapter 732 for the statutory framework.

3) Types of administration — do you need formal probate?

Florida has two common paths:

• Formal administration — used for larger or more complex estates. It involves filing a petition, formal notice to creditors and interested persons, court supervision, and a final accounting.
• Summary administration — a streamlined process available for smaller estates or when the decedent died more than two years before the proceeding. Summary administration can be faster and less expensive. See Chapter 735 for requirements and thresholds.

4) Basic steps to seek appointment as personal representative

1. Confirm venue and need for probate: Verify the decedent’s domicile and whether probate is necessary (some assets pass outside probate).
2. Identify heirs and priority: Locate surviving spouse, children, parents, and other heirs. If those with superior priority either don’t exist or do not object, you have a stronger position to be appointed.
3. Gather documents: Obtain the certified death certificate, a list of assets and liabilities, any available deeds/title information, and contact information for likely heirs and creditors.
4. File the proper petition with the probate court: For formal administration, file a Petition for Administration (often called Petition for Administration and Appointment of Personal Representative). For summary administration, file a Petition for Summary Administration. The clerk’s office in the appropriate county can tell you the correct form and filing fee.
5. Provide notice: The court will require notice to interested persons and creditors. The notice timelines and methods are governed by the statutes in Chapter 733 and related court rules.
6. Bond and qualification: The court may require a bond; the court can also waive the bond if heirs consent. After the court approves your appointment, you will take an oath and file any required bond and an acknowledgment.
7. Letters of Administration: Once appointed and qualified, the clerk will issue Letters Testamentary or Letters of Administration, which give you authority to manage estate assets and act on behalf of the estate.
8. Administer the estate: Collect assets, pay valid debts and taxes, and distribute remaining assets to heirs under Chapter 732. Keep records; the court may require inventories and accountings depending on the type of administration.

5) Practical points about competing claims

If a surviving spouse or another heir files first or objects to your appointment, the court will resolve priority under the statutes and existing case law. If multiple people of the same priority seek appointment (for example, two siblings), the court may appoint one or more of them or require them to agree on a single representative. If you expect disputes, consider getting legal advice early.

6) Time, costs, and when you might be blocked

Probate timelines vary. Summary administration can be completed in weeks to a few months if no disputes exist; formal administration often takes longer. Filing fees, publication costs, bond premiums, and attorney fees (if you hire counsel) are typical costs. A court can refuse appointment if a proposed personal representative is legally disqualified (for example, convicted of certain offenses) or if appointment would not serve the estate’s best interests.

7) Where to find forms and local procedures

Each county clerk of court’s probate division handles filings and can provide local forms and fee schedules. The Florida Statutes and local clerk websites are the best starting points; the statutes linked above set the legal rules the clerk will apply.

Helpful Hints

• Start by calling the clerk of the circuit court in the county where the decedent lived — they can tell you whether you should file a petition and what forms and fees apply.
• Obtain several certified death certificates early — banks and other institutions usually require certified copies.
• If the estate looks small, check whether summary administration applies (see Chapter 735) — it can save time and cost.
• Collect contact information for all likely heirs before filing — courts require notice to interested persons and failing to notify someone can delay the case.
• Prepare for bond requirements; if other heirs waive the bond in writing, the court may waive it too.
• Keep clear, dated records of all estate transactions. The court may require an accounting if formal administration is used.
• If you expect disputes about who should be appointed, consult an attorney experienced in Florida probate early—disputes can become costly and time-consuming.
• Use the Florida Legislature site to review the statutes cited above for the most current legal text: Chapter 733 (administration), Chapter 732 (intestate succession), and Chapter 735 (summary administration).