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A personal representative is an individual who manages and settles the estate’s affairs. A personal representative must be a close family member of the decedent or a Florida resident according to  Section 733.302of the Florida Statute. Close family members can be anyone related through blood, marriage, or adoption. This may include but is not limited to spouses, siblings, uncles, and adopted children. For example, the decedent’s best friend that lives in New York cannot serve as the personal representative because they are neither a close family member nor a Florida resident.

Even if the individual is a family member or a Florida resident, the court will not allow them to serve as the personal representative if:

  • they were convicted of a felony;
  • are mentally or physically unable to perform the duties; or
  • are under the age of 18.

If you are unsure whether you are qualified to serve as a personal representative, an experienced probate attorney at Lavender Greenberg can help.

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