Detailed Answer
Under Florida law, the personal representative (also called executor) manages estate administration. Florida Statutes section 733.301 outlines who may serve. The court appoints in priority order: devisees under a will; the surviving spouse; heirs at law; creditors; and finally any other interested persons. As a mother-in-law, you do not fit into the primary categories unless the will explicitly names you. If the decedent died without a will (intestate), closer relatives—such as children, parents, or siblings—have priority. You may only become the personal representative if all higher-ranked individuals decline or are unavailable, and the court approves your appointment. See Fla. Stat. §733.301 for details.
To open probate, file a petition in the circuit court of the decedent’s county of residence, attach a certified death certificate and any original will, and pay the required filing fee. The clerk’s office will issue letters of administration or letters testamentary once you qualify. Refer to Fla. Stat. §733.501 for filing procedures.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Review the decedent’s will for a named personal representative.
- Identify and locate all closer relatives who have priority under Florida law.
- Obtain certified copies of the death certificate before filing.
- File the probate petition promptly to prevent creditors’ claims from expiring.
- Consider consulting a probate attorney to navigate complex estates.