Appointment of personal representative Flashcards
Personal representative
A personal representative is necessary for both testate and intestate estates, this person is in charge of administering the probate estate
Curator
If there is a dispute as to who the personal representative should be, the court may appoint a curator pursuant to Fla. Stat. § 733.501
Both a personal representative and a curator are fiduciaries
Who can serve as a personal representative?
Individuals, trust companies, and certain other entities designated in the statute may be qualified to serve as personal representative. Fla. Stat. § 733.302
One cannot serve as a personal representative if he is convicted of a felony, mentally or physically unable to serve, under 18, or a non-resident without a close family relationship
Who has priority in appointment as personal representative if the decedent dies testate?
If the decedent dies testate, then his wishes are generally respected
The testator may nominate one or more persons
A person may decline unless he is appointed by the court
If no qualified person is able to serve, then the majority heir may decide the representative
Who has priority in appointment as personal representative if the decedent dies intestate?
If the decedent dies intestate then the surviving spouse has first priority, followed by a person selected by a majority interest of the heirs
When can a court appoint a personal representative?
In exceptions a court may appoint someone
A court may also appoint someone if a capable personal representative becomes ineligible (like if he leaves Florida residence) or a will is found
Duties of a PR
The PR must secure and preserve the estate, and keep the estate assets separate from other property.
In preserving the estate, the PR may take possession of protected homestead property to preserve, insure, and protect it if it is not occupied by an heir or devisee.
If the PR expends funds or incurs obligations in doing so, he is entitled to a lien on the property and its revenues to secure repayment.
The standard of care is the same as that for a trustee.
Who can serve as a personal representative?
Individuals, trust companies, and certain other entities designated in the statute may be qualified to serve as PR.
One cannot serve as a PR if he is convicted of a felony, mentally or physically unable to serve, under 18, or a non-resident without a close family relationship.
The only nonresidents qualified to serve as a PR are:
- Decedent’s grandparent or descendant thereof,
- Decedent’s adopted child or adoptive parent,
- Decedent’s spouse or person related to spouse by lineal consanguinity, and
- A spouse of any of the foregoing.
A PR who knows or should know that she is no longer qualified to serve must promptly file and serve a notice setting forth the reasons for her inability to serve.
