How to Become the Executor of an Estate Without a Will in Florida
- 1). Read the appropriate Florida Probate Code section to be certain that you are not disqualified from appointment (see Resources). In general, you must be a Florida resident, over the age of 18, mentally and physically able to perform the duties and not have a felony conviction.
- 2). Secure the consent and approval of a majority of the heirs. Under the statute, preference is given first to the surviving spouse and then to anyone who has gained the consent of the majority in interest of the heirs.
- 3). Draft a petition to be appointed personal representative. If the estate is represented by an attorney, as is usually the case, the attorney should prepare the petition. If the estate is not represented, you may be able to find a sample form through a local court office, online or at a local stationary store. In general, the petition must include the decedent's name, date of death and indicate that no will exists. It also should include your name, relationship to the decedent and whether the heirs have consented. A statement asking to be appointed personal representative also must be included.
- 4). Make several copies of the petition. File the original and one copy with the court where the estate has been opened. If the estate has not been admitted to probate yet, you must file in the county where the decedent was domiciled at the time of death. Provide all known heirs with a copy of the petition as well and keep one copy for your records.
- 5). Post the fiduciary bond. If the court approves your request to be appointed personal representative, the court also will require you to post a fiduciary bond. The court has broad discretion to set the bond amount after taking into consideration things such as the value of the estate and your relationship to the decedent and the heirs.