Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a will in Florida, the probate court appoints an administrator (often called a “personal representative”) to manage the estate under the Florida Probate Code.
1. Filing a Petition: An interested person — typically a potential heir — files a petition for administration in the circuit court of the county where the decedent resided. See Fla. Stat. §733.301.
2. Qualification and Priority: Florida law ranks potential administrators in order of priority:
- Surviving spouse
- Children
- Parents
- Siblings
- Other heirs by blood or adoption
- Court-appointed guardian of the decedent
- Creditor
- Any other suitable person
This list appears in Fla. Stat. §733.601. A higher-priority person has the first right to serve. If they decline, the court moves to the next person on the list.
3. Background Check and Bond: The court confirms the petitioner is at least 18, of sound mind, and not convicted of a disqualifying crime. The court may require a bond — insurance to protect the estate against mismanagement.
4. Notice and Hearing: The court schedules a hearing and sends notice to all interested parties. If no valid objections arise, the court issues “Letters of Administration,” empowering the administrator to collect assets, pay debts, and distribute property under Florida’s intestacy scheme (Fla. Stat. §733.201).
Helpful Hints
- Check the priority list before filing to confirm your eligibility.
- Gather required documents: death certificate, proof of relationship, and proof of residency.
- Consider requesting a bond waiver if you qualify as a close relative to reduce costs.
- Provide timely notice to all heirs and known creditors to avoid disputes.
- Maintain detailed records of all estate transactions and communications.