Florida Statute 733.301 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.301

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.

F.S. 733.301 on Google Scholar

F.S. 733.301 on Casetext

Amendments to 733.301

Arrestable Offenses / Crimes under Fla. Stat. 733.301

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.301.

Annotations, Discussions, Cases:

Cases Citing Statute 733.301

Total Results: 20

Rachelle Loreto Kavanaugh v. Diane M. Thomas, as Personal Representative of The Estate of Christopher Scott Kavanaugh

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-12T00:00:00-07:00

Snippet: the court may select the one best qualified. § 733.301(1)(b)1.–3., Fla. Stat. (2022) (emphasis added).

KEITH CORSBIE v. DIANNE CORSBIE

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-08T23:53:00-08:00

Snippet: probate courts”). See also §§ 734.102, 733.304, 733.301(1)(b), Fla. Stat. (2020).

ESTATE OF REONTRE'YH ALONZAE POUNDS v. MILLER & JACOBS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: 4 Section 733.301(1)(b), Florida Statutes (2020), provides that the…right to select the personal representative.” § 733.301(2), Fla. Stat. (2020). A “guardian of the …select the personal representative under section 733.301, even though she was the “natural guardian” of …select the personal representative under section 733.301(2). Accordingly, the Estate is incorrect to argue

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Court: Fla. | Date Filed: 2021-11-04T00:53:00-07:00

Snippet: § 733.202, Fla. Stat. Petition. § 733.301, Fla. Stat. Preference in appointment of personal

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: § 733.202, Fla. Stat. Petition. § 733.301, Fla. Stat. Preference in appointment of personal

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: person has equal or higher preference under section 733.301, Florida Statutes, and if so, the person’s name…priority, under the Florida Probate Codesection 733.301, Florida Statutes, of the person whose appointment…appointment of a personal representative under section 733.301, Florida Statutes. Subdivision (k) adopted to require

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

Karissa Senopoulos v. Harry C. Senopoulos, II, In Re: Estate of Harry Alexander Senopoulos, III

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

Snippet: personal representative of the estate under § 733.301(1)(b), Florida Statutes. We reverse. … appointment, the order used the language of § 733.301(1)(b)3, concluding that the decedent’s father was…degree,” and because there is a surviving spouse. § 733.301(1)(b), Fla. Stat. As the “surviving spouse,” Ms… appointment as the personal representative. § 733.301(1)(b)1. And so, the statute did not entitle the

GEORGES M. DELBROUCK v. ESTATE OF LEON G. DELBROUCK, MARIA EBERLING

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 226 So. 3d 929, 2017 Fla. App. LEXIS 12466

Snippet: preference to be reappointed pursuant to section 733.301(1)(b), Florida Statutes (2014), even if appellant

Long v. Willis

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-26T00:00:00-07:00

Citation: 113 So. 3d 80, 2013 WL 1776705, 2013 Fla. App. LEXIS 6687

Snippet: preference in appointment as personal representative. § 733.301(l)(b)(2), (2), Fla. Stat. (2009). However, the

Bowdoin v. RINNIER

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-29T00:00:00-08:00

Citation: 81 So. 3d 582, 2012 Fla. App. LEXIS 3262, 2012 WL 639005

Snippet: in making the appointment, we reverse. Section 733.301, Florida Statutes (2010), sets forth the order …of the heirs. 3. The heir nearest in degree. § 733.301(1)(b). Here, the circuit court recognized that

Long v. Willis

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-17T00:00:00-07:00

Citation: 100 So. 3d 4, 2011 Fla. App. LEXIS 12877, 2011 WL 3587411

Snippet: heirs. See § 733.301(1)(b)(2). By requiring a guardian of the property, section 733.301(2) creates significant…applicant.” Fla. Prob. R. 5.201(b); see also § 733.301. It is undisputed that Ms. Willis served Ms. Long…personal representative in this context. Section 733.301(1) prioritizes those persons who have preference…special priority under this statute. But section 733.301(3) provides that if none of the preferred persons…natural guardian to such a right. Rather, section 733.301(2) provides that “[a] guardian of the property

Stalley v. Williford

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-08T00:00:00-08:00

Citation: 50 So. 3d 680, 2010 Fla. App. LEXIS 18653, 2010 WL 4967982

Snippet: Accordingly, we reverse. The statute, section 733.301, Florida Statutes (2008), sets forth the following… of the heirs. 3.The heir nearest in degree. § 733.301(l)(b). There was no surviving spouse in this case… of their property as authorized under section 733.301(2). Thus, Stalléy should have been appointed unless

Piloto v. Lauria

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-20T00:00:00-07:00

Citation: 45 So. 3d 565, 2010 Fla. App. LEXIS 15815

Snippet: court found, that language directs us to section 733.301(l)(b), Florida Statutes (2008), which provides

Klingensmith v. FERD AND GLADYS ALPERT

Court: Fla. Dist. Ct. App. | Date Filed: 2008-11-18T23:53:00-08:00

Citation: 997 So. 2d 436

Snippet: as "Guardian of decedent, pursuant to F.S. 733.301(2)." The decedent's mother, Dorothy Klingensmith

McCormick v. McCormick

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-29T00:53:00-07:00

Citation: 991 So. 2d 437

Snippet: is qualified to serve. As provided by section 733.301(1)(a), Florida Statutes (1999), when granting letters…nominated by the will. "Nothing in section 733.301(1)(a) purports to vest discretion in the trial …previously observed, is not valid. Pursuant to section 733.301(6), Florida Statutes (1999): After letters have

In Re Amendments to the Fl. Probate Rules

Court: Fla. | Date Filed: 2007-07-12T00:53:00-07:00

Citation: 964 So. 2d 140

Snippet: 733.202, Florida Statutes, and implementing sections 733.301 through 733.305, Florida Statutes. 1988 Revision…Stat. Notice. § 733.202, Fla. Stat. Petition. § 733.301, Fla. Stat. Preference in appointment of personal

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2007-07-05T00:53:00-07:00

Citation: 959 So. 2d 1170

Snippet: 733.202, Florida Statutes, and implementing sections 733.301 through 733.305, Florida Statutes. 1988 Revision

Garcia v. Morrow

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-04T00:53:00-07:00

Citation: 954 So. 2d 656

Snippet: and remand for an evidentiary hearing. Section 733.301 of the Florida Statutes (2006) provides in part…Jonathan is the preferred representative. See also § 733.301(1)(b), Fla. Stat. (2006) (providing that after … person does not have to be appointed: Section 733.301, Florida Statutes (1999) (formerly § 732.44, Fla

University of Miami v. Wilson

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-27T23:53:00-08:00

Citation: 948 So. 2d 774

Snippet: of her mother's death. [2] Under Section 733.301 of the Florida Statutes, the surviving spouse has…majority in interest of the heirs." See ง 733.301, Fla. Stat. (2002). [3] The majority takes offense