Detailed Answer
If the original personal representative (often called the estate administrator) assigned to a Florida probate estate dies before finishing administration, the probate does not end automatically. The court must appoint a successor personal representative so administration can continue. Below are the practical, step-by-step actions an interested person should expect and take to move the estate forward.
1. Confirm the personal representative’s death and notify the court
File a certified copy of the personal representative’s death certificate with the probate court where the estate is pending. Notify the court clerk and all interested persons (heirs, beneficiaries, and known creditors) that the personal representative has died. Keep copies of the filed death certificate and proof of service.
2. Determine whether a successor personal representative can be appointed
Florida law provides a statutory order of priority for who may be appointed as personal representative. Interested persons with standing (heirs, devisees, creditors, or the surviving spouse) may petition the court to be appointed as successor. In many cases, the decedent’s nominated personal representative in the will (if any) or a next-of-kin will have priority. The court will consider any disqualifications such as incapacity, felony convictions, or conflicts of interest.
See Florida’s Probate Code for appointment rules: Fla. Stat. ch. 733 (Probate Code).
3. File a petition for appointment of successor personal representative
The proper document is usually titled a “Petition for Appointment of Successor Personal Representative” or a similar petition asking the court to appoint a new personal representative for the pending estate. The petition must: identify the decedent (the estate being probated); state that the original personal representative died (attach the death certificate); identify the petitioner and state the petitioner’s priority or interest; request appointment; and state whether a bond is required or waivable under the will or statute.
The court will set a hearing or consider the petition and provide notice to interested persons. If no one petitions, the court may appoint an appropriate person on its own motion or after a creditor or beneficiary asks for appointment.
4. Post bond or obtain waiver (if required)
The will may waive bond for a nominated personal representative. If no waiver exists, the court may require a bond from the successor. The successor must secure the required bond amount or ask the court to fix a lower amount if justified.
5. Inventory, locate assets, and continue administration duties
The successor personal representative steps into the same role and assumes the remaining duties of the prior representative. Typical duties include: locating and securing estate assets, preparing and filing any missing inventories, giving notice to creditors, evaluating and paying claims, managing estate property, filing income and estate tax returns, and filing required accountings or petitions for distribution and discharge.
If the estate qualifies for summary administration (for example, the estate’s assets subject to administration are below statutory thresholds or the decedent has been dead more than two years), a successor or interested person may seek summary administration under Florida law instead of continued full administration. See Fla. Stat. § 735.201.
6. Final accounting and discharge
After resolving debts, taxes, and distributions, the successor personal representative will present a final accounting (if required) and petition for discharge and closing of the estate. The court will review the accounting and, if all is in order, enter an order discharging the personal representative and closing the estate.
Practical timeline and likely court requirements
- Short term: File the death certificate and petition to appoint a successor; the court will set hearings and notice deadlines.
- 30–90 days: The court may appoint a successor and set bond requirements. The successor will begin securing assets and preparing inventory.
- Months to years: Time to resolve creditor claims, sell property (if needed), complete tax matters, and distribute assets. The timeline depends on estate complexity.
If the original representative left incomplete records
If files, records, or estate funds are missing, the successor must track them down. The successor should review the deceased representative’s notes, bank accounts, emails, safe-deposit boxes, and consult with institutions that worked with the estate. Where wrongdoing is suspected, notify the court and consider seeking counsel to investigate and protect estate assets.
When to consult an attorney
Seek a probate attorney if: multiple interested persons dispute who should be appointed; the estate is complex; assets appear missing; creditors or tax issues complicate administration; or you need help preparing pleadings and hearings. A lawyer can help draft the petition, ensure proper notice, and represent the successor in court.
For governing provisions, consult Florida’s Probate Code: Fla. Stat. ch. 733, and the summary administration statute: Fla. Stat. § 735.201.
Disclaimer: This information is educational only and not legal advice. I am not a lawyer. For advice specific to your situation, consult a Florida probate attorney.
Helpful Hints
- File the deceased representative’s death certificate immediately with the probate court and serve notice on interested persons.
- Act quickly to secure estate property (change locks, notify financial institutions, freeze accounts if necessary).
- Review the will for any language about successor personal representatives or bond waivers before preparing your petition.
- Identify all interested persons early (heirs, devisees, beneficiaries, creditors) and provide required notices to avoid later objections.
- Keep detailed records of every estate transaction, expense, and communication—successor representatives must often account for prior and later activity.
- Ask the court clerk about local forms and filing requirements; Florida’s probate courts may provide local practice information or standard forms.
- If the estate seems small, evaluate whether summary administration under Fla. Stat. § 735.201 might be faster and less expensive.
- Consider hiring a probate attorney if there is any dispute or missing/complex assets; contested proceedings can complicate and lengthen the case.