Florida Statute 733.301
“Preference in appointment of personal representative”
What it means
When more than one person wants to run the estate, §733.301 sets the order. Testate: the person nominated by the will (or under a power the will confers), then the person selected by a majority in interest of those entitled to the estate, then a devisee. Intestate: the surviving spouse, then the person selected by a majority in interest of the heirs, then the heir nearest in degree — and among competing applicants at the same level, the court selects the one best qualified.
If nobody with preference applies, the court appoints any capable person — except those who work for the court or a probate judge. Letters granted over an unserved person holding preference can be revoked.
- Testate order: the will's nominee → the majority in interest's selection → a devisee.
- Intestate order: the surviving spouse → the majority in interest of heirs' selection → the heir nearest in degree.
- Ties at the same level → the court selects the one best qualified.
- A ward's guardian of the property may exercise the ward's right to select.
- A person with unwaived preference who never received formal notice can have the letters revoked and take over.
- A will admitted after letters issue → the letters are revoked and new letters granted.
How it plays out
Most appointment fights we see are intestate: no will, several siblings, and no automatic priority once there is no spouse. §733.301 resolves it by majority in interest — the heirs holding the larger share of the estate choose — and when a family splits evenly, the judge picks the best qualified. Preference is not eligibility, though: the person the will names still has to qualify, and out-of-state nominees regularly fail at §733.304.
Where this shows up
Pages on this site where § 733.301 does real work:
Questions people ask
