Florida Statutes

Fla. Stat. § 733.301 (2025)

Preference in appointment of personal representative.

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733.301 Preference in appointment of personal representative.—

(1) In granting letters of administration, the following order of preference shall be observed:

(a) In testate estates:

1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will.

2. The person selected by a majority in interest of the persons entitled to the estate.

3. A devisee under the will. If more than one devisee applies, the court may select the one best qualified.

(b) In intestate estates:

1. The surviving spouse.

2. The person selected by a majority in interest of the heirs.

3. The heir nearest in degree. If more than one applies, the court may select the one best qualified.

(2) A guardian of the property of a ward who if competent would be entitled to appointment as, or to select, the personal representative may exercise the right to select the personal representative.

(3) In either a testate or an intestate estate, if no application is made by any of the persons described in subsection (1), the court shall appoint a capable person; but no person may be appointed under this subsection:

(a) Who works for, or holds public office under, the court.

(b) Who is employed by, or holds office under, any judge exercising probate jurisdiction.

(4) After letters have been granted in either a testate or an intestate estate, if a person who was entitled to, and has not waived, preference over the person appointed at the time of the appointment and on whom formal notice was not served seeks the appointment, the letters granted may be revoked and the person entitled to preference may have letters granted after formal notice and hearing.

(5) After letters have been granted in either a testate or an intestate estate, if any will is subsequently admitted to probate, the letters shall be revoked and new letters granted.

History.—s. 1, ch. 74-106; s. 62, ch. 75-220; s. 21, ch. 77-87; s. 1, ch. 77-174; s. 988, ch. 97-102; s. 98, ch. 2001-226.

Note.—Created from former s. 732.44.

Notes of Decisions

Cited in 48 cases (7 in the last 5 years), 1977–2026 · leading case: DeVaughn v. DeVaughn, 840 So. 2d 1128 (Fla. 5th DCA 2003).

Sort: Relevance Newest Treatment

DeVaughn v. DeVaughn, 840 So. 2d 1128 (Fla. 5th DCA 2003). · cites it 5× “Here, the trial court's discretion was bound by Canakaris and further circumscribed by section 733.301, which prefers the mother for appointment.”

Long v. Willis, 100 So. 3d 4 (Fla. 2d DCA 2011). · cites it 14× “3d DCA 2007) (interpreting section 733.301, Florida Statutes (2006), the current preference-in-appointment statute, as discretionary).”

Cooper v. Ford & Sinclair, PA, 888 So. 2d 683 (Fla. 4th DCA 2004). · cites it 3× “As a result, only Ronald and Virginia Cooper would be entitled to select the person to be appointed as personal representative of the estate under section 733.301. However, the above analysis indicating that Kelly and her attorneys should have been aware that she did not have…”

Pontrello v. Est. of Kepler, 528 So. 2d 441 (Fla. 2d DCA 1988). · cites it 4× “2d Executors and Administrators § 46 (1967); Annotation, Power of Court to Refuse Letters Testamentary to One Named in Will as Executor, Absent Specific Statutory Disqualification, 95 A.L.R. 828 (1935). Notwithstanding these firmly established principles of law, however, this…”

Garcia v. Morrow, 954 So. 2d 656 (Fla. 3d DCA 2007). · cites it 5× “4th DCA 2000), where the record confirms that the preferred person is not qualified or fit to administer an estate, that person does not have to be appointed: Section 733.301, Florida Statutes (1999) (formerly § 732.”

McGuinnes v. Novartis Pharm. Corp., 289 F.R.D. 360 (M.D. Fla. 2013). · cites it 2× “64 at V 3 (citing Fla. Stat. § 733.301 )); (id. at ¶ 9 ("Margaret McGuinness has been or will be appointed Personal Representative of the Estate of James McGuinness.”

Schleider v. Est. of Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000). · cites it 3× “The issue before this court is whether the trial court abused its discretion in denying Muriel Schleider's request to be appointed personal representative of Anne Schleider's estate.”

Univ. of Miami v. Wilson, 948 So. 2d 774 (Fla. 3d DCA 2007). “[2] Under Section 733.301 of the Florida Statutes, the surviving spouse has the first preference in the granting of letters of administration.”

In Re Est. of Anderson, 583 So. 2d 801 (Fla. 1st DCA 1991). · cites it 7× “On the same day the circuit court, acting in its probate capacity, issued letters of administration and entered an order appointing the appellant personal representative for the administration of the decedent's estate, based on the appellant's familial relationship to the…”

In Re Est. of Odom, 397 So. 2d 420 (Fla. 2d DCA 1981). · cites it 2× “Odom, section 733.301, Florida Statutes may preclude her if the court determines that appointment of a personal representative is required.”

Stalley v. Williford, 50 So. 3d 680 (Fla. 2d DCA 2010). · cites it 4× “The statute, section 733.301, Florida Statutes (2008), sets forth the following order of preference in appointment of a personal representative of an intestate estate: 1.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 733.301, Fla. Stat. Preference in appointment of personal representative.”

Show all 48 citing cases →

— 733.301(1) — 1 case

Long v. Willis, 100 So. 3d 4 (Fla. 2d DCA 2011). “3d DCA 2007) (interpreting section 733.301, Florida Statutes (2006), the current preference-in-appointment statute, as discretionary).”

— 733.301(1)(a) — 3 cases

Werner v. Est. of McCloskey, 943 So. 2d 1007 (Fla. 1st DCA 2006).

In Re Est. of Gaspelin, 542 So. 2d 1023 (Fla. 2d DCA 1989).

McCormick v. McCormick, 991 So. 2d 437 (Fla. 1st DCA 2008).

— 733.301(1)(a)(1) — 1 case

Nava Jacobs v. Anita Jacob (Fla. 3d DCA 2025).

— 733.301(1)(b) — 8 cases

DeVaughn v. DeVaughn, 840 So. 2d 1128 (Fla. 5th DCA 2003). “Here, the trial court's discretion was bound by Canakaris and further circumscribed by section 733.301, which prefers the mother for appointment.”

Garcia v. Morrow, 954 So. 2d 656 (Fla. 3d DCA 2007). “4th DCA 2000), where the record confirms that the preferred person is not qualified or fit to administer an estate, that person does not have to be appointed: Section 733.301, Florida Statutes (1999) (formerly § 732.”

Glover v. Miller, 947 So. 2d 1254 (Fla. 4th DCA 2007).

Long v. Willis, 100 So. 3d 4 (Fla. 2d DCA 2011). “3d DCA 2007) (interpreting section 733.301, Florida Statutes (2006), the current preference-in-appointment statute, as discretionary).”

Georges M. Delbrouck v. Est. of Leon G. Delbrouck, Maria Eberling, 226 So. 3d 929 (Fla. 4th DCA 2017).

— 733.301(1)(b)(2) — 1 case

Long v. Willis, 100 So. 3d 4 (Fla. 2d DCA 2011). “3d DCA 2007) (interpreting section 733.301, Florida Statutes (2006), the current preference-in-appointment statute, as discretionary).”

— 733.301(2) — 7 cases

Long v. Willis, 100 So. 3d 4 (Fla. 2d DCA 2011). “3d DCA 2007) (interpreting section 733.301, Florida Statutes (2006), the current preference-in-appointment statute, as discretionary).”

Klingensmith v. Ferd & Gladys Alpert, 997 So. 2d 436 (Fla. 4th DCA 2008).

Stalley v. Williford, 50 So. 3d 680 (Fla. 2d DCA 2010). “The statute, section 733.301, Florida Statutes (2008), sets forth the following order of preference in appointment of a personal representative of an intestate estate: 1.”

In Re Est. of Anderson, 583 So. 2d 801 (Fla. 1st DCA 1991). “On the same day the circuit court, acting in its probate capacity, issued letters of administration and entered an order appointing the appellant personal representative for the administration of the decedent's estate, based on the appellant's familial relationship to the…”

Est. of Reontre'yh Alonzae Pounds v. Miller & Jacobs (Fla. 4th DCA 2022).

— 733.301(2)(c) — 1 case

Gilmore v. Ragans, 503 So. 2d 962 (Fla. 1st DCA 1987).

— 733.301(2)(e) — 1 case

Dimitroff v. Taylor, 651 So. 2d 131 (Fla. 2d DCA 1995).

— 733.301(3) — 3 cases

Long v. Willis, 100 So. 3d 4 (Fla. 2d DCA 2011). “3d DCA 2007) (interpreting section 733.301, Florida Statutes (2006), the current preference-in-appointment statute, as discretionary).”

Gilmore v. Ragans, 503 So. 2d 962 (Fla. 1st DCA 1987).

Johnson v. Knight, 424 So. 2d 166 (Fla. 3d DCA 1983).

— 733.301(3)(a) — 1 case

Long v. Willis, 100 So. 3d 4 (Fla. 2d DCA 2011). “3d DCA 2007) (interpreting section 733.301, Florida Statutes (2006), the current preference-in-appointment statute, as discretionary).”

— 733.301(5) — 4 cases

Est. of Retzel v. CSX Transp., Inc., 586 So. 2d 1247 (Fla. 1st DCA 1991).

Houston v. Brown, 583 So. 2d 801 (Fla. 1st DCA 1991).

Estates of Schutt v. Spielman, 659 So. 2d 363 (Fla. 1st DCA 1995).

— 733.301(6) — 2 cases

McCormick v. McCormick, 991 So. 2d 437 (Fla. 1st DCA 2008).

Fouraker v. Carter, 507 So. 2d 749 (Fla. 5th DCA 1987).

— 733.301(b) — 1 case

Cooper v. Ford & Sinclair, PA, 888 So. 2d 683 (Fla. 4th DCA 2004). “As a result, only Ronald and Virginia Cooper would be entitled to select the person to be appointed as personal representative of the estate under section 733.301. However, the above analysis indicating that Kelly and her attorneys should have been aware that she did not have…”

— 733.301(l)(a) — 3 cases

Hernandez v. Hernandez, 946 So. 2d 124 (Fla. 5th DCA 2007).

Fouraker v. Carter, 507 So. 2d 749 (Fla. 5th DCA 1987).

Brake v. Murphy, 591 So. 2d 1025 (Fla. 3d DCA 1991).

— 733.301(l)(a)(2) — 1 case

Dean v. Bentley, 848 So. 2d 487 (Fla. 5th DCA 2003).

— 733.301(l)(b) — 3 cases

Piloto v. Lauria, 45 So. 3d 565 (Fla. 4th DCA 2010).

Bowdoin v. RINNIER, 81 So. 3d 582 (Fla. 2d DCA 2012).

— 733.301(l)(b)(2) — 1 case

Long v. Willis, 113 So. 3d 80 (Fla. 2d DCA 2013).

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