Understanding Appointment as Personal Representative (Administrator) Under Florida Law

Disclaimer: This article is for general information only and is not legal advice. Laws change and every case is different. Consult a licensed Florida attorney or your local probate court for advice about your particular situation.

Quick overview

When someone dies without a valid will (called “intestate”), Florida law allows certain relatives or interested persons to ask the circuit court to appoint a personal representative (often called an “administrator”). The personal representative collects assets, pays valid debts, and distributes what remains to the legal heirs under Florida’s intestacy rules. The process and priorities for appointment are governed by Florida probate statutes (see Chapters 732 and 733) and there is a simplified option in some small estates (Chapter 735).

Key legal references

Florida Intestate Succession: Fla. Stat. ch. 732
Administration of Estates (appointment, duties, notice, bond): Fla. Stat. ch. 733
Summary administration for small estates: Fla. Stat. ch. 735

Step-by-step: How to get appointed

Confirm there is no valid will. Ask the clerk of court where your parent lived and check any safe places (bank safe deposit, attorneys). If a will exists, the appointment process follows the will’s nomination; if no will exists, the court uses statutory priority.
Determine whether probate is necessary. Not all assets pass through probate. Jointly owned property, many retirement accounts, and assets with named beneficiaries typically pass outside probate. If most assets pass outside probate or the estate qualifies for a summary procedure, you may avoid full administration. See Fla. Stat. ch. 735 for summary administration rules.
Identify who has priority to be appointed. Florida law gives priority to certain people (for example, a surviving spouse, then children, then parents, then siblings, etc.). If multiple people in the same priority class request appointment, the court may appoint the person nominated by a majority of those persons or otherwise determine who is best suited. If you are the decedent’s child and there is no surviving spouse, you are typically high in the appointment priority. See Fla. Stat. ch. 733 for appointment priorities and procedures.
Gather documents you’ll need. Typical items include the original death certificate, a certified copy if possible, a list of assets and approximate values, the names and addresses of likely heirs and creditors, and any available account statements or property deeds.
File a petition for administration in the circuit court. The petition (sometimes called a Petition for Administration or Petition for Determination of Homestead and Appointment of Personal Representative) is filed in the circuit court in the county where the decedent lived. The petition asks the court to open an estate and appoint you as personal representative (administrator). The probate clerk’s office can provide local filing instructions and required forms.
Provide required notices and service. After filing, you (or the court/clerk) must give notice to all interested persons and to creditors per the requirements in Chapter 733. This usually means mailing notice to known heirs and creditors and publishing a notice to unknown creditors. Strict timelines apply for creditor claims; follow the statutory notice rules carefully.
Address bond requirements. The court may require a probate bond to protect the estate from mismanagement. Interested heirs can agree in writing to waive bond in many situations. Whether a bond is required (and how much) depends on estate size and the circumstances; discuss bond with the clerk or an attorney if you expect issues.
Attend any required court hearing and obtain Letters of Administration (Letters of Personal Representative). If the court approves your petition, it will issue Letters that officially give you authority to act for the estate (collect assets, pay debts, sell property if authorized, and distribute heirs’ shares).
Perform duties as personal representative. After appointment you must inventory assets, notify beneficiaries and creditors, pay valid debts and taxes, and distribute remaining assets according to Florida’s intestacy rules. Keep detailed records and file required reports with the court.

Practical example (hypothetical)

Suppose your father died without a will, survived only by you (an adult child). You can file a petition for administration in the circuit court in the county where he lived. If no one else objects and the court finds you suitable, the court can appoint you as personal representative, issue Letters of Administration (possibly after you post a bond or after heirs waive bond), and you can then follow probate procedures to settle the estate and distribute assets to you as the sole heir under Florida’s intestacy rules.

When a simplified process may apply

Florida provides avenues for smaller estates or straightforward situations that reduce time and cost. Summary administration (see Chapter 735) can be available when the estate’s non-exempt property subject to administration falls below statutory limits or when the decedent died more than two years earlier. Check Chapter 735 for eligibility and procedure details.

Common complications that make the process longer or require a lawyer

Disputes among heirs over who should be appointed.
Unknown or contested assets (for example, claims by creditors or by other relatives).
Real estate that must be sold or partitioned.
Potential estate tax or complex trust/property issues.
Allegations of wrongdoing or incapacity that require litigation.

Helpful hints

Contact the probate clerk’s office in the county where your parent lived early — clerks often offer intake checklists and local forms.
Collect a certified death certificate sooner rather than later; many institutions require an official copy.
Create a simple asset inventory (bank accounts, safe deposit boxes, titles, social media or online accounts, insurance policies, retirement accounts, and real estate).
Talk with likely heirs before filing. Written waivers from interested persons can speed appointment and may waive bond requirements.
If the estate seems small or mostly passes outside probate, ask the clerk about summary administration (Fla. Stat. ch. 735).
Keep careful records of every transaction you make as personal representative; courts expect transparency and accounting to heirs.
Hire a probate attorney if there are disputes, complex assets, or tax concerns — contested probate can become expensive if handled incorrectly.
Expect timelines measured in weeks to several months for typical uncontested administrations; contentious or complex estates take longer.

Where to find forms and local information

Start with the circuit court clerk’s probate division in the county where the decedent lived. The Florida statutes listed above explain the legal framework:

If you are unsure whether to handle this yourself, a consultation with a Florida probate attorney can clarify whether you should file a petition, whether summary administration applies, and whether you should ask the court to waive bond. Getting accurate local procedural guidance early will save time and reduce mistakes.

Remember: this information is educational and does not substitute for advice from a licensed attorney who can review the full facts and local court rules.