James M. Weaver, PA

Who Can Be the Personal Representative?

Any Florida resident who is 18 years of age or older at the time of the decedent’s death may be appointed Personal Representative. A convicted felon cannot. F.S. 733.303(1)

  1. Can a non-resident of the State of Florida qualify as a Florida Personal Representative? Perhaps. Is that person: The decedent’s legally adoptive child or the decedent’s adoptive parent?
  2. Related by “legal consanguinity”* to the decedent?
  3. The decedent’s spouse, brother, sister, uncle, aunt, nephew, or niece?
  4. Someone related by legal consanguinity to those listed above?
  5. The spouse of any of those listed in 1-4 above?

* Black’s Law Dictionary defines Legal Consanguinity that as a blood relationship or the connection or relation of persons descended from the same stock or common ancestor. That is to be distinguished from “affinity,” which is the connection existing by virtue of marriage.

Lineal consanguinity is where one is descended in a direct line from the other, as between son, father, grandfather, great-grandfather, etc. or between son, grandson, great-grandson, etc.

Collateral consanguinity exists between persons who have the same ancestors, but who do not descend (or ascend) from one another. Thus, father and son are related by lineal consanguinity, uncle and nephew by collateral consanguinity.

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