Who is qualified to be a personal representative?

On Behalf of | Oct 16, 2019 | Probate |

One of the most important choices to make regarding your estate is who you want to serve as the estate executor or personal representative. When you pass away, your executor will have the task of administrating your estate and ensuring that your assets are passed to your designated heirs. In the state of Florida, an executor is also known as a personal representative. If you are currently considering candidates to be your executor, it helps to know who is qualified under state law to serve as a personal representative.

According to Florida law, many people are eligible to serve as a personal representative. To be an executor, you have to meet a few qualifications. You cannot have been convicted of a felony. You must be physically and mentally capable of performing the duties of an executor. An executor cannot be younger than eighteen years old.

Additionally, you must be considered a resident of Florida to be a personal representative. Exceptions can be made if you are a relative of a decedent. You should be a close family member, a child of the decedent, or a sibling, a spouse, an uncle, aunt, niece or nephew. You can also be related by lineal consanguinity to any of the aforementioned persons. You may also qualify if you are the adopted child or the adopted parent of the decedent.

Some Florida families do not have close family members that can serve as a personal representative, or they prefer someone to serve that is outside the family. Florida law dictates that trust companies and qualified corporations can take on the role of a personal representative. Trust companies must be incorporated under state law and corporations such as banks and savings associations must be qualified to perform fiduciary duties in the state.

This article is written only to provide general information on probate matters. Do not interpret it as actionable legal advice for your situation.