What Happens if the Personal Representative is Unable to Serve in Florida?
Individuals named as personal representatives are not always willing or able to serve in the role. Our Florida probate lawyer explains what happens next in these situations.
Personal representatives are responsible for many tasks during probate in Florida. However, individuals are not required to fulfill the role, even when they have been named in someone’s will or considered by the court. Below, our Florida probate lawyer outlines common reasons personal representatives turn down the role, and what happens next.
Common Reasons Personal Representatives Are Unable to Serve
There are many reasons personal representatives are unable to serve in the role. The most common of these are as follows:
- Legal reasons: Legally, only certain individuals can serve as a personal representative. Personal representatives must be at least 18 years old, not have a felony conviction on their record, and not have been convicted of abuse, neglect, or exploitation of elderly or disabled individuals. Personal representatives must also be a Florida resident or a close blood relative of the decedent. When a person has been named as a personal representative but does not meet the legal requirements, they are barred from serving.
- Conflicts of interest: If there are personal issues or potential conflicts with the estate or other beneficiaries, a personal representative may be barred or choose not to serve.
- Personal preference: Personal representatives must complete many duties, including inventorying the assets of the estate, notifying creditors, paying debts and taxes, and more. These duties can be quite burdensome and time-consuming. A person may simply choose not to serve as a personal representative.
- Death: Sometimes, wills have not been updated, and the person named within a decedent’s will has already passed away.
What Happens if a Personal Representative Does Not Serve?
In some instances, a decedent may have named an alternate personal representative in their will. In these cases, the alternate will serve if the decedent’s first choice decides not to or is unable to fulfill the role.
If an alternate personal representative has not been named in the will, the court will appoint someone. The Florida Probate Code outlines a preferred order for appointment when an original personal representative cannot serve. If the decedent had a surviving spouse, they are typically the first choice to serve in the role. If there is no surviving spouse or the spouse wishes not to serve, the preferred order is as follows:
- A person chosen by the majority of heirs
- The closest living relative of the decedent. If more than one heir petitions the court to serve, the court will appoint the most qualified individual.
- A guardian of the decedent
Our Probate Lawyer in Florida Can Help
Whether you are creating your estate plan, have been named as a personal representative, or want to serve in the role, our Florida probate lawyer can help. At Brian K. McMahon, P.A., our experienced attorney can guide you through the process and make it as easy as possible for you. Call us now at 561-658-1789 or fill out our online form to schedule a consultation and to get the legal help you need.