When a person dies without a valid Will, the Probate Court determines who shall serve as Personal Representative of the decedent’s Estate.
Preference is given to the surviving spouse, then to the person selected by a majority in interest of the heirs, and then to the heir nearest in relation to the decedent, with the Probate Court deciding who shall serve if more than one heir of the same relation to the decedent requests appointment.
The Probate Court also has the authority to (and often does) require the Personal Representative of an Intestate Estate to post a surety bond, which can be a substantial expense to the Estate.
This requirement may be waived in a valid Last Will and Testament, but such provision is no guarantee that the Probate Court will not require a bond.
If you or a loved one needs help with a situation involving one of these areas, please contact Thomas N. Silverman, P.A. at 561.775.7500 (24 hours) or info@FloridaProbateCounsel.com.