Florida/Georgia Personal Injury & Workers Compensation

...ghspeed police chase in Seminole County. The uncle raised Rusty from the time Rusty was a young child, and the mother had no involvement with Rusty since he was four years old. The mother is preferred for appointment as personal representative under section 733.301(1)(b), Florida Statutes....

...When a deceased dies intestate, the order of preference for appointment is: 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 most qualified. § 733.301(1)(b), Fla....

...ial life." Wide enough in all conscience is the field of discretion that remains. Id. at 217-218 (quoting B. Cardozo, The Nature of the Judicial Process, at 141). Here, the trial court's discretion was bound by Canakaris and further circumscribed by section 733.301, which prefers the mother for appointment....

...h discretion is granted by statute. North; Estate of Kenton. See also, Dutcher v. Estate of Dutcher, 437 So.2d 788 (Fla. 2d DCA 1983); In re Estate of Murphy, 336 So.2d 697 (Fla. 4th DCA 1976); In re Estate of Jose, 164 So.2d 888 (Fla. 2d DCA 1964); § 733.301, Fla....

...The question of whether that person is unsuitable to continue as personal representative is determined when the question of removal arises and under an entirely different statute, see § 733.504, Fla. Stat. (1985), from the statutes governing the appointment of personal representatives. See §§ 733.301-733.305, Fla....

...rther reconstructed. Appellant rests his argument primarily on the basis that the trial judge had no discretion to refuse to appoint the personal representative named in decedent's will except for the statutory disqualifications provided in sections 733.301 through 733.304, Florida Statutes (1985)....

...Florida Probate Code was adopted. At the time pertinent to Snyder, *447 then section 732.44, Florida Statutes (1973) made reference to "preferences" for appointment of personal representative only in regard to intestate estates. With the adoption of section 733.301, effective January 1, 1976, (the successor statute to 732.44) "preferences" for appointment were specifically enumerated for both testate and intestate estates....

...ate, supra. We, therefore, reverse and remand to the lower court for treatment consistent herewith. In doing so, we are not unmindful of the fact that though appellant had petitioned to be appointed personal representative of the estate of Mr. Odom, section 733.301, Florida Statutes may preclude her if the court determines that appointment of a personal representative is required....

...personal representative of Anne Schleider's estate. The general rule of law is that trial courts do not have discretion to refuse to appoint the personal representative named by the testator in the will unless that person is disqualified by law. See § 733.301, Fla....

...enting). Judge Campbell also added that "it would ... be absurd to force the appointing court to wait until the estate or persons interested in the estate had actually suffered the detriment that was reasonably demonstrated would occur." Id. at 447. Section 733.301, Florida Statues (1999) (formerly § 732.44, Fla....

...egarding preference for appointment of a personal representative, without clarifying as to whether Mrs. McGuinness has received the letters of administration or even been appointed personal representative. (See (Doc. No. 64 at V 3 (citing Fla. Stat. § 733.301 )); (id....

...The general rule is that trial courts are without discretion to refuse to appoint the personal representative specified by the testator in the will unless the person is expressly disqualified under the statute or discretion is granted within the statute. See § 733.301, Fla....

...In this case, Kelly and her attorneys reasonably believed that there was no will and the Coopers admit that Kelly was entitled to pursue her potential appointment as P.R. of the decedent's estate on an intestate basis, provided that she follow *687 the applicable statutes and probate rules. Section 733.301(b), Florida Statutes, provides the preference for appointment of a P.R....

...Virginia Cooper, whereas Kelly, Greene, and Braithwaite would not be entitled to share in the estate. 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....

...al representative after executing the standard oath of personal representative. We disagree. Mrs. Gaspelin was named as the personal representative in Mr. Gaspelin's will. Thus, she had statutory preference in appointment as personal representative. § 733.301(1)(a), Fla....

..., specifying its interest as that of "the former Plenary Guardian of the Person and Property of Gloria Herman." The following month, AJFCS filed a petition for administration, this time specifying its interest as "Guardian of decedent, pursuant to F.S. 733.301(2)." The decedent's mother, Dorothy Klingensmith also filed a petition for administration, specifying her interest as the sole heir of her daughter....

...of interest in those same assets. [1] The trial court apparently agreed, appointing Stephanie, without an evidentiary hearing, as personal representative. For the following reasons we reverse this determination and remand for an evidentiary hearing. Section 733.301 of the Florida Statutes (2006) provides in part: (1) In granting letters of administration, the following order of preference shall be observed: ....

.... . (3) In either a testate or an intestate estate, if no application is made by any of the persons described in subsection *658 (1), the court shall appoint a capable person; Under this provision, Jonathan is the preferred representative. See also § 733.301(1)(b), Fla....

...This is not to say that Jonathan must be appointed as personal representative. As explained in Schleider v. Estate of Schleider, 770 So.2d 1252 (Fla. 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 § 732.44, Fla....

...ed from voidable." In re Cunningham's Estate, 104 So.2d 748 (Fla. 3d DCA 1958). We tend to agree with the Third District's interpretation, and would suggest that the "void ab initio" language of Bush must be reconciled with the statutory language of section 733.301(5), and with other cases, including In re Williamson's Estate, supra , and Griffin v....

...hrough some procedural irregularity must be declared void where such a result is adverse to the estate. It is noted that there is no statutory provision mandating such action by the court. Indeed, the only provision addressing revocation is found in section 733.301(5), which provides that if a person who was entitled to, and has not waived, preference over the person appointed at the time of his appointment, and upon whom formal notice was not served seeks the appointment, the letters granted "m...

...dresses what occurs “[i]f the decedent dies intestate.” In that situation, “the order of preference for appointment of a personal representative as prescribed in this code shall apply.” As the circuit court found, that language directs us to section 733.301(l)(b), Florida Statutes (2008), which provides that, in granting letters of administration in intestate estates, the order of preference is “[t]he surviving spouse” followed by “[t]he person selected by a majority in interest of...

...of paternity. Glover had not moved to set aside that final judgment, and thus the declaration that Kenneth Miller was Jerrod's father was still in effect. Therefore, Glover had no right to appointment as administrator of the estate. Glover appeals. Section 733.301(1)(b), Florida Statutes (2006), governs the preference in appointment of personal representatives....

...cated to be Jerrod's father. Thus, Miller's rights vested on Jerrod's death because he is Jerrod's father by a paternity judgment. Jerrod was a lineal descendant of Miller within the meaning of section 732.108(2)(b), so he is an heir for purposes of section 733.301(1)(b)3....

...as alternate personal representative should appellant be unable to serve. Because we conclude that no legal basis existed for denying appellant's request, we reverse and remand with directions that the trial court replace Ms. Niznik with appellant. Section 733.301(1)(a), Florida Statutes (2005), provides that, in testate estates, preference in granting letters of administration must be accorded to "[t]he personal representative ....

...(Fla. 1st DCA 1990) (citations omitted). Here, the trial court appointed Ms. Niznik rather than appellant because it concluded that appellant "ha[d] a conflict of interest with the estate" (the precise nature of which was not identified). Nothing in section 733.301(1)(a) purports to vest discretion in the trial courts to disregard the preference there specified, as long as the personal representative nominated by the decedent is statutorily qualified to serve....

...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 decedent, under Section 733.301, Florida Statutes....

...On February 27, 1991, the circuit court entered an order, after a hearing on the appellant's amended petition and the appellee's counter-petition, in which the appellant's amended petition for reappointment as personal representative was denied and the appellee was appointed personal representative. Under Section 733.301, Florida Statutes, [1] the appellant was required to give notice of her petition to anyone holding a higher preference, including any person selected by a majority in interest of the other heirs....

...Since the appellant did not give notice of her original application of appointment, the other heirs did not have an opportunity to select a personal representative. When the other heirs were notified and given an opportunity, a majority consented to an appointment of the appellee as personal representative. Section 733.301(2) establishes the preferences in appointing a personal representative in an intestate estate....

...der approving his resignation. The committee notes to the rule state that the rule establishes the "imperative need for timely action" and the fiduciary's responsibility to "effect orderly succession." We note also that there is no time specified by Section 733.301(5) for the disqualification of a personal representative. Thus, the appellee was not required to meet a 20-day deadline as asserted by appellant for filing an answer or counter-petition after appellant filed her amended petition. AFFIRMED. WIGGINTON and WOLF, JJ., concur. NOTES [1] Section 733.301(5) states: 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 his appointment and on whom formal notice...

...estate and not an intestate estate. Appellee's appointment depended upon intestacy because, without dispute, appellant is the duly nominated personal representative of the estate and, so far as the record tells, is qualified to serve. As provided by section 733.301(1)(a), Florida Statutes (1999), when granting letters of administration, the probate court shall, in testate estates, allow preference to the personal representative nominated by the will. "Nothing in section 733.301(1)(a) purports to vest discretion in the trial courts to disregard the preference there specified, as long as the personal representative nominated by the decedent is statutorily qualified to serve." Werner v....

...after the death of McCormick, Sr. The probate court did not, however, base its order upon any ground other than the timeliness of appellant's counter-petition for administration. This ground, as we have previously observed, is not valid. Pursuant to section 733.301(6), Florida Statutes (1999): 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 as provided in subsection (1)....

AFFIRMED. PETERSON and PALMER, JJ„ concur. . See § 733.301(l)(a)(2), Fla. Stat. In the petition for administration

...that the *145 person sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as section 733.202, Florida Statutes, and implementing sections 733.301 through 733.305, Florida Statutes....

...Editorial changes. Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.202, Fla. Stat. Petition. § 733.301, Fla....

...(2002)("Minor children means children under 25 years of age."); Henderson v. Ins. Co. of N. Am., 347 So.2d 690 (Fla. 4th DCA 1977)("[A]dult children of a decedent who are not dependent upon the decedent are not `survivors' under section 768.18(1)."). Salmon was twenty-two at the time of her mother's death. [2] Under Section 733.301 of the Florida Statutes, the surviving spouse has the first preference in the granting of letters of administration. Next order of preference is "[t]he person selected by a majority in interest of the heirs." See ง 733.301, Fla....

...n. B. The Conflict Issue The decedent died intestate, and he left no surviving spouse. Renee’s minor children held a sixty percent interest in the estate. Thus Renee’s nominee was entitled to preference in appointment as personal representative. § 733.301(l)(b)(2), (2), Fla....

...Committee Notes Rule History 1977 Revision: Addition to (b)(5) to require an affirmative statement that the person sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as F.S. 733.202, and implementing F.S. 733.301 through 733.305....

...Committee Notes 1977 Revision: Addition to (b)(5) to require an affirmative statement that the person sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as F.S. 733.202, and implementing F.S. 733.301 through 733.305....

...The general rule is that trial courts are without discretion to refuse to appoint the personal representative specified by the testator in the will unless the person is expressly disqualified under the statute or discretion is granted within the statute. See § 733.301, Fla.Stat....

...Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 732.522, Fla. Stat. Method and place of execution. § 732.526, Fla. Stat. Probate. § 733.202, Fla. Stat. Petition. § 733.301, Fla....

...Carbonell, deceased; and the said Joseph L. Brennan left him surviving a spouse, to-wit: Kathryn Amanda Brennan, who is the natural mother and sole natural guardian of the decedent Joseph L. Brennan’s minor children, and “(e) Under the provisions of Section 733.301, Florida Statutes, petitioner Kathryn Amanda Brennan is entitled to preference to be appointed personal *102 representative in the estate of Publio L....

...service under subdivisions (a)(3)(B) and (C). Rule 5.200 (Petition for Administration), is amended, as proposed, to require the person seeking appointment as the personal representative to indicate whether any other person has equal or higher preference under section 733.301, Florida Statutes, and if so, the person’s name and whether the person will be served with formal notice....

...PETITION FOR ADMINISTRATION The petition for administration shall be verified by the petitioner and shall contain: - 11 -  (a) – (d) [No Change] (e) the priority, under the Florida Probate Codesection 733.301, Florida Statutes, of the person whose appointment as the personal representative is sought, whether or not any other person has equal or higher preference, and if so, their name and whether they will be served with formal notice, and...

... 1977 Revision – 2014 Revision [No Change] 2019 Revision: Subdivision (e) amended to require a statement identifying any other person who has equal or higher preference than the petitioner for the appointment of a personal representative under section 733.301, Florida Statutes. Subdivision (k) adopted to require a statement of the specific facts that show the petitioner’s qualifications to serve as personal representative under sections 733.303 and 733.304, Florida Statutes. Stat...

do not find any support for that position. Section 733.301(6), Florida Statutes (1985) provides: After

appointment as personal representative pursuant to Section 733.301, Florida Statutes (1985). Appellee’s petition

...1st DCA 1966); In re Estate of Klipple, 101 So.2d 924 (Fla. 3d DCA 1958); 31 Am.Jur.2d Executors and Administrators § 510 (1989). If there are any perceived problems with the appointment of the personal representative, the Schutts’ estates may challenge the same pursuant to section 733.301(5), Florida Statutes (1993)....

...ement that the person sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as section 733.202, Florida Statutes, and implementing sections 733.301 through 733.305, Florida Statutes....

...ossession of a foreign official. Editorial changes. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.202, Fla. Stat. Petition. § 733.301, Fla....

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

...preference waive it in writing.” Fla. Prob. R. 5.201(b). Here, the issue of whether the letters of administration were properly issued turns on whether Greenland had preference over Pounds to serve as personal representative. 4  Section 733.301(1)(b), Florida Statutes (2020), provides that the following order of preference shall be observed in granting letters of administration: (b) In intestate estates: 1....

...If more than one applies, the court may select the one best qualified. Furthermore, “[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.” § 733.301(2), Fla....

...estate of the ward.” Id. Thus, in Fisher, the court held that the unmarried mother of the decedent’s son, having never been appointed as “guardian of the property” of the child, was not entitled to exercise the right to select the personal representative under section 733.301, even though she was the “natural guardian” of the child....

...1 Id. In this case, the minor child is the decedent’s only heir. Although Greenland is the natural guardian of the decedent’s minor child, she has never been appointed as “guardian of the property” of the child and thus is not entitled to exercise the right to select the personal representative under section 733.301(2)....

...until a determination is made as to who should have permanent custody of the child in the above cited case. Also, the father is entitled to be appointed as the administrator of the Estate of Yvonne Johnson under the statutory law of this State. F.S. § 733.301(2) provides that preference in granting letters of administration in intestate estates is for the heir nearest in degree to the deceased....

...The heir nearest in degree to *169 the deceased, Yvonne Johnson, is her son, DANNY EUGENE KNIGHT, II, See F.S. § 733.201(18) [731.201(18)] and § 732.103. When the heir nearest in degree is incompetent due to minority as is DANNY EUGENE KNIGHT, II, then the guardian has statutory preference to administer the estate. F.S. § 733.301(3) and see also In re: Estate of Phillips, 190 So.2d 15 (Fla....

...Clearly, the testator’s selection of a personal representative should be afforded great deference. Only in exceptional circumstances does a court have the discretion to refuse to appoint a person as personal representative who was named in the decedent’s will. Schleider, 770 So.2d at 1253 (citations omitted); see also § 733.301(l)(a)l., Fla....

...Citation form changes in committee notes. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 732.522, Fla. Stat. Method and place of execution. § 732.526, Fla. Stat. Probate. § 733.202, Fla. Stat. Petition. § 733.301, Fla....

...Bowdoin filed a counterpetition for administration seeking the appointment as the decedent's surviving spouse. After a hearing, the circuit court granted Ms. Rinnier's petition. Because we conclude the court abused its discretion in making the appointment, we reverse. Section 733.301, Florida Statutes (2010), sets forth the order of preference for appointing a personal representative of an intestate estate as follows: 1. The surviving spouse. 2. The person selected by a majority in interest of the heirs. 3. The heir nearest in degree. § 733.301(1)(b)....

...penthouse apartment located in Bal Harbour, Florida. Nava’s stepmother, Anita, Eli’s wife, moved to dismiss the petition. She invoked the statutory order of preference for appointment and filed a will naming her as personal representative. See § 733.301(1)(a)(1), (1)(b)(1), Fla....

appointment as the personal representatives. § 733.301(2)(e), Fla.Stat. (1993). The parents as personal

...cuit court appointed Williford’s father, Harrison Williford, instead. This appointment was contrary to the statute prescribing the order of preference for appointment of a personal representative in this case. Accordingly, we reverse. 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. The surviving spouse. 2. The person selected by a majority in interest of the heirs. 3.The heir nearest in degree. § 733.301(l)(b). There was no surviving spouse in this case. Douglas Stalley was the person selected by both heirs, acting through the guardians of their property as authorized under section 733.301(2)....

...Murphy; plainly a personal representative often must take sides in disputes which may arise with respect to an estate. State v. North, 159 Fla. 351 , 32 So.2d 14 (1947); In re Estate of Mindlin, 571 So.2d 90 (Fla. 2d DCA 1990); In re Estate of Kenton, 423 So.2d 531 (Fla. 5th DCA 1982), rev. denied, 436 So.2d 99 (Fla.1983); § 733.301(l)(a), Fla.Stat....

...completion of service under subdivisions (a)(3)(B) and (C). Rule 5.200 (Petition for Administration) is amended as proposed, to require the person seeking appointment as the personal representative to indicate whether any other person has equal or higher preference under section 733.301, Florida Statutes, and if so, the person’s name and whether the person will be served with formal notice....

...PETITION FOR ADMINISTRATION The petition for administration shall be verified by the petitioner and shall contain: - 12 -  (a) – (d) [No Change] (e) the priority, under the Florida Probate Codesection 733.301, Florida Statutes, of the person whose appointment as the personal representative is sought, whether or not any other person has equal or higher preference, and if so, their name and whether they will be served with formal notice, and...

... 1977 Revision – 2014 Revision [No Change] 2019 Revision: Subdivision (e) amended to require a statement identifying any other person who has equal or higher preference than the petitioner for the appointment of a personal representative under section 733.301, Florida Statutes. Subdivision (k) adopted to require a statement of the specific facts that show the petitioner’s qualifications to serve as personal representative under sections 733.303 and 733.304, Florida Statutes. Stat...

...ficiary’s interest lapsed in order to obtain an interest, rendering Newman wholly inapplicable. While the affidavits of appellant’s brothers suggest that the current personal representative would receive preference to be reappointed' pursuant to section 733.301(1)(b), Florida Statutes (2014), even if appellant were to successfully revoke the will, this preference would not result in mandatory or automatic appointment....

...r former father-in-law, Harry C. Senopoulos, II, as personal representative for the estate of her late husband, Harry Alexander Senopoulos, III. She argues that as the surviving spouse, she is the rightful personal representative of the estate under § 733.301(1)(b), Florida Statutes....

...spouse to be appointed as personal representative. The trial court held a hearing in February 2017, and entered an order appointing the decedent’s father as personal representative in July 2017. In making the appointment, the order used the language of § 733.301(1)(b)3, concluding that the decedent’s father was “entitled to” appointment as the “nearest heir of the Decedent willing to serve as personal representative.” Ms....

...In this case, the court interpreted the statute to entitle the decedent’s father to appointment as personal representative over Ms. Senopoulos, who is the surviving spouse. This was an error because the decedent’s father is not “[t]he heir nearest in degree,” and because there is a surviving spouse. § 733.301(1)(b), Fla. Stat. As the “surviving spouse,” Ms. Senopoulos ranks first in the statute’s order of preference for appointment as the personal representative. § 733.301(1)(b)1....

...Willis is not entitled to preference in appointment, she was required to serve formal notice “on all known persons qualified to act as personal representative and entitled to preference equal to or greater than the applicant.” Fla. Prob. R. 5.201(b); see also § 733.301....

...did have the right to file objections on behalf of her children. At the hearing on Ms. Long’s petitions, the court itself raised the issue of whether *8 Ms. Long had standing to seek her own appointment as personal representative in this context. Section 733.301(1) prioritizes those persons who have preference during the process of granting letters of administration to serve as personal representative....

...ntment: (1) “[t]he surviving spouse,” (2) “[t]he person selected by a majority in interest of the heirs,” and (3) “[t]he heir nearest in degree.” Mr. Long’s sister, Ms. Willis, does not have any special priority under this statute. But section 733.301(3) provides that if none of the preferred persons applies, “the court shall appoint a capable person” to serve as the personal representative....

...Long argues that as the natural guardian of Mr. Long’s three minor children, she represents the majority in interest of the heirs and, therefore, has the right to select the personal representative. Significantly, the statute does not entitle a natural guardian to such a right. Rather, section 733.301(2) provides that “[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.” (Emphasis added.) Ms....

...After the Phillips decision, the legislature replaced section 732.44, which gave appointment preference to the decedent’s “next of kin” but provided no guidance for circumstances in which the next of kin was legally incompetent. The replacement statute, section 733.301, addresses the issue of legally incompetent heirs by clearly and unambiguously limiting the right to select a personal representative to the guardian of the property of such heirs, not to their natural parents....

...d should have considered the minor children’s objection before the issuance of letters. Second, we are convinced that the probate court had authority to allow Mr. Long’s minor children the opportunity to participate in the vote of the heirs. See § 733.301(1)(b)(2). By requiring a guardian of the property, section 733.301(2) creates significant procedural impediments for minor children who wish to participate in the selection of a personal representative in a contested proceeding....

...ardian to vote for the children within the twenty-day response time. We conclude that the probate court had authority and should have allowed Ms. Long a reasonable time to obtain a guardian of the property to vote for the children. We emphasize that section 733.301 only determines the person who has “[preference in appointment”; it does not expressly or by implication confer an absolute right of appointment to persons within the enumerated classes....

...See In re Estate of Snyder, 333 So.2d 519, 519-20 (Fla. 2d DCA 1976) (interpreting section 732.44, Florida Statutes (1973), the previous preference-in-appointment statute, as discretionary); Garcia v. Morrow, 954 So.2d 656, 658 (Fla. 3d DCA 2007) (interpreting section 733.301, Florida Statutes (2006), the current preference-in-appointment statute, as discretionary)....

...sentative selected by the decedent’s two minor children through the guardians of their property. In Stalley , the two minor children were the intestate decedent’s sole heirs, and acting through the guardians of their property as authorized under section 733.301(2), they agreed to select Douglas Stalley to serve as personal representative....

...ad. Id. This court held that in the absence of any evidence that Mr. Stalley was unfit to serve, the probate court abused its discretion in appointing someone without statutory preference when the sole heirs agreed to select Mr. Stalley. Id. (citing § 733.301(1)(b))....

...Long first raised this issue in a letter to the court from her counsel. The record does not contain the facts and circumstances of Ms. Willis’s employment except for the parties’ agreement that she is employed in some capacity by the clerk of court. Section 733.301(3) provides that in both testate and intestate proceedings, if none of the persons entitled to preference come forward to serve, the court can appoint “a capable person.” Because three of the five children did not participate in the selection of Ms. Willis, Ms. Long argues that Ms. Willis was appointed not by the vote of the participating heirs but as a capable person. Assuming that to be the case, Ms. Long then argues that the court cannot so appoint Ms. Willis because section 733.301(3)(a) excludes from the class of “capable person[s]” a person “[w]ho works for, or holds public office under, the court.” The Florida Probate Code defines “[cjourt” as “the circuit court.” § 731.201(7), Fla....

...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 decedent, under Section 733.301, Florida Statutes....

...On February 27, 1991, the circuit court entered an order, after a hearing on the appellant’s amended petition and the appellee’s counter-petition, in which the appellant’s amended petition for reappointment as personal representative was denied and the appellee was appointed personal representative. Under Section 733.301, Florida Statutes, 1 the appellant was required to give notice of her petition to anyone holding a higher preference, including any person selected by a majority in interest of the other heirs....

...Since the appellant did not give notice of her original application of appointment, the other heirs did not have an opportunity to select a personal representative. When the other heirs were notified and given an opportunity, a majority corn sented to an appointment of the appellee as personal representative. Section 733.301(2) establishes the preferences in appointing a personal representative in an intestate estate....

...ing his resignation. The committee notes to the rule state that the rule establishes the “imperative need for timely action” and the fiduciary’s responsibility to “effect orderly succession.” We note also that there is no time specified by Section 733.301(5) for the disqualification of a personal representative. Thus, the appellee was not required to meet a 20-day deadline as asserted by appellant for filing an answer or counter-petition after appellant filed her amended petition. AFFIRMED. WIGGINTON and WOLF, JJ„ concur. . Section 733.301(5) states: 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 his appointment and on whom formal notice...