ALEC ROSS
v.
KEVIN ROSS
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A probate court may decline to appoint a statutorily preferred person as personal representative of an intestate estate if the record demonstrates that person lacks the necessary qualities and characteristics for the role.
[1] A probate court has discretion to appoint a personal representative other than a statutorily preferred person if the record demonstrates the preferred person lacks the ne…
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Join FLexlaw to unlock all legal intelligenceAlec Ross appealed a Circuit Court decision regarding the appointment of a personal representative for an intestate estate in Miami-Dade County. Kevin…
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PER CURIAM.
Affirmed. Garcia v. Morrow, 954 So. 2d 656, 659 (Fla. 3d DCA 2007) (explaining that “‘[t]he appointment of a personal representative for an intestate estate is a discretionary act of the probate courts’ . . . [b]ut where a preferred individual is not being appointed, the record must show that the preferred person is not fit to be appointed as the representative”) (quoting
DeVaughn v. DeVaughn, 840 So. 2d 1128, 1132 (Fla. 5th DCA 2003));
DeVaughn, 840 So. 2d at 1133 (“If the record supports the conclusion that the statutorily preferred person ‘lacks the necessary qualities and characteristics,’ the court has discretion to refuse to make the appointment.”) (quoting Padgett v. Est. of Gilbert, 676 So. 2d 440, 443 (Fla. 1st DCA 1996)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- DeVAUGHN v. DeVAUGHN, 840 So. 2d 1128 (Fla. 5th DCA 2003)
- Env't Farms, Inc. v. The Honorable Susan W. Roberts, 676 So. 2d 440 (Fla. 2d DCA 1996)
- Garcia v. Morrow, 954 So. 2d 656 (Fla. 3d DCA 2007)