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personal representative selection

Who has priority in appointment as Personal Representative if a person dies without a Will?

By Estate Planning, Probate

If the decedent has died “intestate” (without a Will), first-priority goes to the surviving spouse in the appointment of a personal representative. If the spouse is not qualified to serve as personal representative, the person selected by a majority in interest of the persons entitled to the estate takes the second-highest priority. The final option is for the heir of nearest degree to the decedent to be appointed personal representative.

Making a Will and nominating a personal representative are fundamental parts of the estate planning process. The attorneys at Bach, Jacobs & Byrne, P.A. are highly-skilled and experienced elder law and trust & estate attorneys who can assist you with the drafting of your Will and other estate documents. Call us at (941) 906-1231 to schedule a consultation.

April 16, 2019
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What are the qualifications to serve as a personal representative?

By Estate Planning, Probate

In Florida, the qualifications to serve as personal representative of an estate, as set forth by the Florida Probate Code, are as follows:

-The personal representative has never been convicted of a felony

-The personal representative is mentally able to perform his/her duties

-The personal representative is physically able to perform his/her duties

-The personal representative is 18 years of age or older

Furthermore, the personal representative must be a Florida resident, unless he/she is a family member within a particular degree of relationship to the decedent.

Are you unsure whether you or the individual you would like to serve as personal representative of your estate is qualified and eligible for appointment under the law? Please contact the elder law and estate attorneys of Bach, Jacobs & Byrne, P.A. at (941) 906-1231 to schedule an appointment to discuss your case.

February 15, 2019
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