Letters Testamentary in Florida
How the Florida probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: In Florida the circuit court (probate division) issues "Letters of Administration" to the personal representative whether or not there is a will. Fla. Stat. §§ 733.302, 733.303, 733.304, 733.402
| Letters testamentary | In Florida the circuit court (probate division) issues "Letters of Administration" to the personal representative whether or not there is a will. A petition for administration is filed in the county where the decedent lived, with the original will (deposited with the clerk) and death certificate. The personal representative must be qualified: a Florida resident, or a nonresident who is a close relative (spouse, sibling, parent, child, or certain other relatives) of the decedent; felons and those who cannot perform the duties may not serve. A bond is set by the court unless waived. Florida courts generally require the personal representative to be represented by a Florida attorney. |
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| Who can be executor | A Florida resident who is an adult (18+) and legally competent may serve as personal representative. A person convicted of a felony (or certain elder or disabled-adult abuse offenses), or who is unable to perform the duties, may not serve. A non-resident may serve only if closely related to the decedent: a legally adopted child or adoptive parent, a lineal blood relative, a spouse, brother, sister, uncle, aunt, nephew or niece (or a lineal relative of one of them), or the spouse of a person who would qualify. A bond is required unless the court waives it; authorized banks and trust companies are exempt. |
More Florida estate law
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- Quitclaim Deeds and Transferring Property in Florida
- Who Inherits If You Die Without a Will in Florida
- How to Make a Valid Will in Florida
- How Probate Works in Florida
- Living Wills and Advance Directives in Florida
- Revocable Living Trusts in Florida
- Executor Duties in Florida
- Affidavit of Heirship in Florida
- How to Avoid Probate in Florida
- Transferring a Car After Someone Dies in Florida
- All Florida wills, probate and estate rules
FAQ
How do I get letters testamentary in Florida?
In Florida the circuit court (probate division) issues "Letters of Administration" to the personal representative whether or not there is a will. A petition for administration is filed in the county where the decedent lived, with the original will (deposited with the clerk) and death certificate. The personal representative must be qualified: a Florida resident, or a nonresident who is a close relative (spouse, sibling, parent, child, or certain other relatives) of the decedent; felons and those who cannot perform the duties may not serve. A bond is set by the court unless waived. Florida courts generally require the personal representative to be represented by a Florida attorney.
Who can be an executor in Florida?
A Florida resident who is an adult (18+) and legally competent may serve as personal representative. A person convicted of a felony (or certain elder or disabled-adult abuse offenses), or who is unable to perform the duties, may not serve. A non-resident may serve only if closely related to the decedent: a legally adopted child or adoptive parent, a lineal blood relative, a spouse, brother, sister, uncle, aunt, nephew or niece (or a lineal relative of one of them), or the spouse of a person who would qualify. A bond is required unless the court waives it; authorized banks and trust companies are exempt.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.