What steps do I need to take to become the executor of my father’s estate? - Florida
The Short Answer
In Florida, you typically become the “executor” (called the personal representative) only after the probate court appoints you and issues Letters of Administration. Who gets appointed often depends on whether there is a valid will naming you, and whether you meet Florida’s qualification rules.
What Florida Law Says
Florida probate courts appoint a personal representative and follow a statutory order of preference for who should serve. If your father left a will, the court generally starts with the person nominated in the will. If there is no will, the court generally looks to close family members (often the surviving spouse first) or a person chosen by a majority interest of the heirs.
The Statute
The primary law governing this issue is Fla. Stat. § 733.301.
This statute establishes the order of preference the court must generally observe when appointing a personal representative (for example, the person nominated in the will in a testate estate, or the surviving spouse/heirs in an intestate estate).
Florida also has qualification requirements for who may serve as personal representative. See Fla. Stat. § 733.302.
Why You Should Speak with an Attorney
While the statutes provide the general rule, getting appointed (and keeping the appointment) can become contested quickly—especially when family members disagree, there are multiple heirs, or there are questions about the will. Legal outcomes often depend on:
- Strict Deadlines: Probate has time-sensitive notice and claim issues, and delays can increase costs and create liability for the estate.
- Burden of Proof: If someone challenges the will, your qualifications, or your priority to serve, you may need evidence and court filings to support your appointment.
- Exceptions: The “preference” rules can shift based on waivers, later-admitted wills, disputes among beneficiaries, or whether you qualify to serve under Florida law.
Because the personal representative has fiduciary duties and can face personal liability for mistakes, it’s usually worth having a Florida probate attorney handle the appointment and guide the administration from the start.
If you want more background on related issues, see: getting appointed as an estate administrator in Florida and a personal representative’s responsibilities during Florida probate. If there may be conflict, see disputes over who should be appointed personal representative.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.