Florida Intestate Probate and Letters of Administration

When someone passes away without a valid will, the estate typically proceeds through intestate probate administration in Florida. In plain terms, the probate court must authorize someone to step in, manage the estate responsibly, and complete the legal process of settling and distributing assets under Florida probate law.

That court authorization is commonly called letters of administration. If you are searching for help with probate in Hollywood, Florida or Broward County, understanding what letters are and how the court chooses the right person can help reduce delays, prevent disputes, and avoid preventable mistakes.

This article explains the key points about intestate probate and letters of administration in Florida in a clearer, more practical format, while keeping the legal substance intact.

“Intestate” means a person died without a valid will. When that happens, Florida’s probate system relies on statutory rules to determine:

• Who has authority to act for the estate
• Who the court should appoint
• What duties that person owes to the estate and interested parties

Intestate probate is not a simple formality. The court’s role is to ensure a legally authorized fiduciary is in place before major estate actions are taken.

A personal representative is the individual appointed by the court to administer the estate. Florida law treats the personal representative as a fiduciary who must observe standards of care applicable to trustees.

That fiduciary role carries serious responsibilities. The personal representative has a duty to settle and distribute the estate as expeditiously and efficiently as is consistent with the best interests of the estate, while following the probate code and any applicable terms of a will if one exists.

The duties and powers of a personal representative begin upon appointment. Florida law also recognizes that certain beneficial acts performed before appointment can “relate back” so they may be treated as having the same effect as acts occurring after appointment.

This concept matters because real life does not pause while paperwork is pending. The law provides a framework for handling early actions that benefit the estate.

In an intestate estate, Florida law establishes a preference order for appointing the personal representative:

1. The surviving spouse
2. The person selected by a majority in interest of the heirs
3. The heir nearest in degree

This structure reflects a policy of prioritizing close family relationships and those with substantial interest in the estate’s proper administration.

In Hollywood and throughout Broward County, disputes often arise here when multiple heirs have competing views about who should serve. Understanding that Florida law follows a defined preference order can help set expectations early.

Florida law sets specific disqualifications that make a person not qualified to act as personal representative, including:

• Felony conviction
• Conviction in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult (as defined by statute)
• Mental or physical inability to perform the duties
• Being under 18 years of age

These disqualifications exist to ensure that only suitable individuals take on fiduciary authority over an estate.