Important disclaimer

This information is educational only and not legal advice. I am not a lawyer. For help tailored to your situation, consult a licensed Florida probate attorney or use a lawyer-referral service such as The Florida Bar’s referral program: https://www.floridabar.org/public/lrs/.

Detailed answer — What to know and what to do

1. Understand the basic law that applies

Florida’s probate rules and statutes govern who may be appointed personal representative (often called an administrator when the decedent died without a valid will) and how contested appointments are resolved. See Florida Statutes, Chapter 733 (Administration of Estates) and Chapter 732 (Wills, Intestate Succession):

• Florida Statutes, Chapter 733 — Administration of Estates
• Florida Statutes, Chapter 732 — Wills, Intestate Succession

2. Confirm the basic facts and your standing

• Find the probate case file at the clerk of the circuit court in the county where the decedent lived. You can often do this in person, by phone, or via the clerk’s online records.
• Confirm whether the decedent left a valid will. If a valid will exists that nominates a personal representative, the court generally gives priority to the person named in the will unless a timely objection is sustained.
• Check whether you are an “interested person.” Heirs, creditors, beneficiaries, and some other parties are typically entitled to contest petitions involving letters of administration. If you are an heir or beneficiary, you likely have standing to object.

3. Grounds to challenge the application

Common legal reasons to oppose a sibling’s appointment include:

• Someone else has a higher statutory priority to serve (for example the surviving spouse may have priority). See Chapter 733 for how courts determine priority.
• The sibling is disqualified or ineligible (for example, they are a nonresident who fails to qualify when Florida law requires, or the person is an unqualified felon where relevant).
• The sibling is unfit or cannot properly administer the estate because of incapacity, dementia, substance abuse, or a conflict of interest.
• Evidence of undue influence, fraud, or an invalid will if appointment depends on a will.
• Failure to post required bond or demonstrate qualifications if the court’s order requires these things.

4. Procedural steps to file a challenge

1. Act quickly. Delays can limit remedies. If letters have not yet been issued, file an objection before or at the time the court considers the petition.
2. Prepare a written objection (sometimes called “Objection to Petition for Administration,” “Notice of Contest,” or similar) that identifies the case, names the parties, states your interest, sets out the factual and legal grounds for the objection, and requests the relief you want (for example, denial of letters, appointment of a different personal representative, or a hearing).
3. File the objection with the clerk of the probate court where the petition was filed. Serve a copy on the peti tioner (your sibling) and any other interested persons according to the court’s rules. Confirm service method and timeline with the court clerk.
4. Ask the court for a hearing. If you request a hearing, the judge will decide contested factual issues (priority, fitness, undue influence, etc.). Bring evidence and witnesses to prove your claims.
5. If letters already issued and the appointed personal representative is acting in a way that harms the estate, you may file a petition to remove the personal representative or to surcharge (seek an accounting or damages) under the probate statutes.

5. Evidence you will need

Gather documents and other proof before the hearing:

• Death certificate and any available will(s) or estate documents.
• Proof of your relationship (birth/marriage records) and proof of other heirs’ identities and addresses.
• Communications showing undue influence, fraud, or incapacity (emails, text messages, witnesses).
• Records showing the sibling’s criminal convictions or other disqualifying matters, if relevant.
• Financial records that show mismanagement or risk to estate assets.

6. What the court considers at a contested appointment hearing

The judge will consider statutory priority, the competency and honesty of the proposed personal representative, any conflicts of interest, the best interests of the estate, and whether the proposed representative can and will perform the duties required under Chapter 733. The judge may appoint another qualified person if a challenge succeeds.

7. If you lose or the sibling is already acting

• If letters have been issued and the sibling is the personal representative, you can still petition for their removal or for an accounting if you can show cause (misconduct, breach of duty, inability to perform duties, etc.).
• If there is a will contest, different deadlines and procedures apply; review Chapter 732 and Chapter 733 and consult counsel promptly.

8. Consider hiring a probate attorney

Probate matters involve strict procedural rules and deadlines. An attorney can help you evaluate grounds to contest, prepare pleadings, gather admissible evidence, and represent you at hearings. If you cannot afford a private attorney, ask the clerk about local legal aid or pro bono services.

Helpful hints

• Do not rely solely on social media or hearsay—collect documents and sworn testimony where possible.
• Check the clerk’s online docket and file copies of everything you submit to the court.
• Ask the clerk for local forms and any filing fee schedule. Some counties publish templates for objections and petitions.
• Consider filing a competing Petition for Administration if you have higher priority or a stronger claim to serve.
• Keep communications with the proposed personal representative professional and documented—avoid inflammatory language in written submissions to the court.
• Time is often critical. Missing a deadline can waive your rights to contest certain issues; act as soon as you learn of the petition.
• Use The Florida Bar’s lawyer referral service to find a local probate attorney: https://www.floridabar.org/public/lrs/.