Detailed Answer
If a person who lived in Florida dies without a will (intestate), the court appoints a personal representative to administer the estate. A personal representative appointed when there is no will is often called an administrator. Florida law sets who has priority to serve and the steps to be appointed.
Who has priority to be appointed?
Florida Statute § 733.201 lists the classes of people entitled to administer an intestate estate and the order of priority. Generally, the priority order starts with the surviving spouse, then children and their descendants, then parents, then siblings, and then more remote relatives or creditors if no nearer kin are available. A sibling (brother or sister) may qualify if there is no surviving spouse, no available or willing child, and no parent who takes priority under the statute. See Fla. Stat. § 733.201: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.201.html.
Basic eligibility rules
- You generally must be an adult able to act on your own behalf. The court will not appoint someone who is legally incapacitated.
- The court may refuse appointment for other legal disqualifications (for example, pending disqualifying criminal convictions or other statutory bars).
- Interested persons (those with a potential distribution or right to be involved) can file competing petitions; the court follows statutory priority and the best interests of the estate.
How to ask the court to be appointed (step-by-step)
- Identify the proper county court: File in the probate division of the circuit court in the Florida county where the decedent was domiciled at death.
- Prepare and file a Petition for Administration: The petition asks the court to open probate and appoint a personal representative. Florida’s probate statutes describe the required contents and procedure—see Fla. Stat. ch. 733 and related sections: Chapter 733, Florida Statutes.
- Provide notice: The court will require notice to interested persons (heirs, creditors). Interested persons have the right to object to appointment.
- Bond: For intestate estates the court commonly requires a bond (security) for the personal representative unless the court or all interested persons waive the bond. The court sets bond amount based on estate value and circumstances.
- Oath and Letters: If the court appoints you, you take an oath, file any required bond, and receive Letters of Administration (also called Letters of Personal Representative) which give you the authority to act for the estate.
What the court considers when multiple people seek appointment
If more than one person in the same priority class petitions (for example, two siblings), the court typically looks to see whether they can agree on one representative. If they do not agree, the court appoints the person it deems best suited, taking into account factors like availability, fitness to serve, and conflicts of interest.
Practical items specific to siblings
- If you are a sibling and there is no surviving spouse, no surviving children or parents who will act, you are in the statutory priority to be considered for appointment.
- Document your relationship (birth certificates, family records) and any efforts to locate other heirs before filing.
- If siblings disagree, consider mediation or a short agreement among heirs to avoid contested proceedings and delays.
Where to find the statutes and forms
Florida’s probate statutes are in Chapter 733 (Administration of Estates). Two helpful statutory starting points are the chapter home and the section on who may administer: Chapter 733, Florida Statutes and Fla. Stat. § 733.201 (Persons entitled to administer). For the petition and procedures, see the probate filing rules and local court probate clerks’ instructions (each circuit court clerk posts local requirements and forms).
Timing and costs
Opening an estate takes time—initial filings and clerk processing can take weeks. There are court filing fees, possible publication costs for creditor notice, bond costs, and attorney fees if you hire counsel. Costs depend on estate complexity.
Common hurdles and how to handle them
- Unknown heirs: Use reasonable searches and the court’s procedures for notice to unknown heirs or missing persons.
- Contested appointment: If another heir objects, the court will hold a hearing. Be prepared to show why you are the appropriate person to serve.
- Bond requirements: If you cannot post bond, heirs can agree in writing to waive it, or the court can set other security arrangements.
- Out-of-state heirs: Nonresidents can serve, but courts may require additional steps or local counsel involvement; check local rules.
Helpful Hints
- Start by contacting the clerk of the probate court in the county where the decedent lived; clerks provide filing checklists and local forms.
- Gather documents before filing: the death certificate, ID for yourself, any records showing family relationships, and a list of known assets and creditors.
- Talk to other heirs early. A short written agreement naming one sibling to serve can avoid contested proceedings and save time and money.
- Keep careful records and receipts once you are appointed. Personal representatives must account for estate administration to the court and heirs.
- If the estate appears small, ask the clerk about simplified procedures for small estates that may avoid formal administration.
- Check the statute for priority and procedure: see Fla. Stat. § 733.201 and Chapter 733 for procedural rules: Florida Statutes Chapter 733.
When to consult a lawyer
This article is informational only and not legal advice. If heirs contest appointment, if estate assets are complex (real estate, business interests, large debts), or if you are unsure about bond or conflict issues, speak with an attorney who handles probate in Florida. A lawyer can explain your duties, help prepare the petition, and represent you in court hearings.
Disclaimer: This is general information about Florida probate law and is not legal advice. Laws change and individual cases differ. Consult an attorney for guidance tailored to your situation.