Florida Statute 733.301 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

View Entire Chapter

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.

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Amendments to 733.301

Annotations, Discussions, Cases:

Cases Citing Statute 733.301

Total Results: 46

DeVaughn v. DeVaughn

840 So. 2d 1128, 2003 WL 1566546

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1748262

Cited 9 times | Published

appointment as personal representative under section 733.301(1)(b), Florida Statutes. FACTS Rusty was born

Pontrello v. Estate of Kepler

528 So. 2d 441, 1988 WL 63459

District Court of Appeal of Florida | Filed: Jun 22, 1988 | Docket: 1717658

Cited 9 times | Published

Estate of Jose, 164 So.2d 888 (Fla. 2d DCA 1964); § 733.301, Fla. Stat. (1985); 31 Am.Jur.2d Executors and

In Re Estate of Odom

397 So. 2d 420

District Court of Appeal of Florida | Filed: Apr 24, 1981 | Docket: 1706778

Cited 6 times | Published

representative of the estate of Mr. Odom, section 733.301, Florida Statutes may preclude her if the court

McGuinnes v. Novartis Pharmaceuticals Corp.

289 F.R.D. 360, 84 Fed. R. Serv. 3d 1023, 2013 WL 425331, 2013 U.S. Dist. LEXIS 25444

District Court, M.D. Florida | Filed: Feb 4, 2013 | Docket: 66049460

Cited 5 times | Published

(See (Doc. No. 64 at V 3 (citing Fla. Stat. § 733.301)); (id. at ¶ 9 ("Margaret McGuinness has been

Schleider v. Estate of Schleider

770 So. 2d 1252, 2000 WL 1629969

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 1779492

Cited 5 times | Published

unless that person is disqualified by law. See § 733.301, Fla. Stat. (1999); State v. North, 159 Fla. 351

Cooper v. Ford & Sinclair, PA

888 So. 2d 683, 2004 WL 2600505

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1328022

Cited 4 times | Published

the applicable statutes and probate rules. Section 733.301(b), Florida Statutes, provides the preference

In Re Estate of Miller

568 So. 2d 487, 1990 WL 154776

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 533369

Cited 4 times | Published

discretion is granted within the statute. See § 733.301, Fla. Stat. (1989); Pontrello v. Estate of Kepler

In Re Estate of Gaspelin

542 So. 2d 1023, 1989 WL 29030

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 468942

Cited 4 times | Published

preference in appointment as personal representative. § 733.301(1)(a), Fla. Stat. (1985). She was qualified to

Klingensmith v. FERD AND GLADYS ALPERT

997 So. 2d 436, 2008 WL 4922917

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 2546425

Cited 3 times | Published

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

Garcia v. Morrow

954 So. 2d 656, 2007 WL 983053

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 1163676

Cited 3 times | Published

determination and remand for an evidentiary hearing. Section 733.301 of the Florida Statutes (2006) provides in

Piloto v. Lauria

45 So. 3d 565, 2010 Fla. App. LEXIS 15815, 35 Fla. L. Weekly Fed. D 2312

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296054

Cited 2 times | Published

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

Glover v. Miller

947 So. 2d 1254, 2007 WL 247899

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 2516301

Cited 2 times | Published

administrator of the estate. Glover appeals. Section 733.301(1)(b), Florida Statutes (2006), governs the

Werner v. Estate of McCloskey

943 So. 2d 1007, 2006 WL 3613178

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 2524275

Cited 2 times | Published

trial court replace Ms. Niznik with appellant. Section 733.301(1)(a), Florida Statutes (2005), provides that

Estate of Retzel v. CSX Transp., Inc.

586 So. 2d 1247, 1991 WL 192034

District Court of Appeal of Florida | Filed: Sep 24, 1991 | Docket: 1488081

Cited 2 times | Published

reconciled with the statutory language of section 733.301(5), and with other cases, including In re Williamson's

In Re Estate of Anderson

583 So. 2d 801, 1991 WL 152495

District Court of Appeal of Florida | Filed: Aug 12, 1991 | Docket: 1684222

Cited 2 times | Published

familial relationship to the decedent, under Section 733.301, Florida Statutes. On December 5, 1990, the

Long v. Willis

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

District Court of Appeal of Florida | Filed: Apr 26, 2013 | Docket: 60231611

Cited 1 times | Published

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

McCormick v. McCormick

991 So. 2d 437, 2008 WL 4377136

District Court of Appeal of Florida | Filed: Sep 29, 2008 | Docket: 1725271

Cited 1 times | Published

tells, is qualified to serve. As provided by section 733.301(1)(a), Florida Statutes (1999), when granting

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

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

University of Miami v. Wilson

948 So. 2d 774, 2007 Fla. App. LEXIS 2728, 2006 WL 1687685

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1767914

Cited 1 times | Published

the time of her mother's death. [2] Under Section 733.301 of the Florida Statutes, the surviving spouse

Dean v. Bentley

848 So. 2d 487, 2003 Fla. App. LEXIS 10140, 28 Fla. L. Weekly Fed. D 1555

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 64823806

Cited 1 times | Published

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

Nava Jacobs v. Anita Jacob

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69265876

Published

will naming her as personal representative. See § 733.301(1)(a)(1), (1)(b)(1), Fla. Stat. (2020). In her

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

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68938150

Published

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

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

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68938150

Published

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

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

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689416

Published

4 Section 733.301(1)(b), Florida Statutes (2020), provides that

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

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

§ 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

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

§ 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

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

person has equal or higher preference under section 733.301, Florida Statutes, and if so, the person’s

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

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

person has equal or higher preference under section 733.301, Florida Statutes, and if so, the person’s

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

253 So. 3d 1228

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741305

Published

rightful personal representative of the estate under § 733.301(1)(b), Florida Statutes. We reverse.

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

226 So. 3d 929, 2017 Fla. App. LEXIS 12466, 2017 WL 3727050

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145384

Published

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

Bowdoin v. RINNIER

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

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 2390079

Published

discretion in making the appointment, we reverse. Section 733.301, Florida Statutes (2010), sets forth the order

Long v. Willis

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

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60225838

Published

applicant.” Fla. Prob. R. 5.201(b); see also § 733.301. It is undisputed that Ms. Willis served Ms. Long

Stalley v. Williford

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

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297335

Published

case. Accordingly, we reverse. The statute, section 733.301, Florida Statutes (2008), sets forth the following

Hernandez v. Hernandez

946 So. 2d 124, 2007 Fla. App. LEXIS 490, 2007 WL 120051

District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 64848529

Published

770 So.2d at 1253 (citations omitted); see also § 733.301(l)(a)l., Fla. Stat. (2005). We determine the brothers’

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

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

Estates of Schutt v. Spielman

659 So. 2d 363, 1995 Fla. App. LEXIS 7105, 1995 WL 363353

District Court of Appeal of Florida | Filed: Jun 20, 1995 | Docket: 64758331

Published

estates may challenge the same pursuant to section 733.301(5), Florida Statutes (1993). AFFIRMED. MINER

Dimitroff v. Taylor

651 So. 2d 131, 1995 Fla. App. LEXIS 1204, 1995 WL 51174

District Court of Appeal of Florida | Filed: Feb 10, 1995 | Docket: 64754600

Published

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

Brake v. Murphy

591 So. 2d 1025, 1991 Fla. App. LEXIS 12735, 1991 WL 272754

District Court of Appeal of Florida | Filed: Dec 24, 1991 | Docket: 64664418

Published

1982), rev. denied, 436 So.2d 99 (Fla.1983); § 733.301(l)(a), Fla.Stat. (1989). The order under review

Houston v. Brown

583 So. 2d 801, 1991 Fla. App. LEXIS 7952

District Court of Appeal of Florida | Filed: Aug 12, 1991 | Docket: 64660664

Published

familial relationship to the decedent, under Section 733.301, Florida Statutes. On December 5, 1990, the

Smith v. Miller

568 So. 2d 487, 1990 Fla. App. LEXIS 7894

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 64653813

Published

discretion is granted within the statute. See § 733.301, Fla.Stat. (1989); Pontrello v. Estate of Kepler

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

Substantially the same as F.S. 733.202, and implementing F.S. 733.301 through 733.305. 1988 Revision: Editorial changes

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

Substantially the same as F.S. 733.202, and implementing F.S. 733.301 through 733.305. 1988 Revision: Editorial changes

Fouraker v. Carter

507 So. 2d 749, 12 Fla. L. Weekly 1301, 1987 Fla. App. LEXIS 8306

District Court of Appeal of Florida | Filed: May 21, 1987 | Docket: 64627367

Published

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

Gilmore v. Ragans

503 So. 2d 962, 12 Fla. L. Weekly 727, 1987 Fla. App. LEXIS 12008

District Court of Appeal of Florida | Filed: Mar 10, 1987 | Docket: 64625718

Published

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

Johnson v. Knight

424 So. 2d 166, 1983 Fla. App. LEXIS 18402

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 64594400

Published

Johnson under the statutory law of this State. F.S. § 733.301(2) provides that preference in granting letters

Carbonell v. Brennan

352 So. 2d 100, 1977 Fla. App. LEXIS 17067

District Court of Appeal of Florida | Filed: Nov 29, 1977 | Docket: 64561400

Published

children, and “(e) Under the provisions of Section 733.301, Florida Statutes, petitioner Kathryn Amanda