Are there any restrictions on who can serve as the executor of an intestate estate?

Yes, there are restrictions on who can serve as the executor of an intestate estate in Florida. According to Section 733.304 of the Florida Statutes, the court must first appoint the decedent’s surviving spouse as the personal representative of the estate, unless the surviving spouse is disqualified or declines to serve. If there is no surviving spouse, the court must appoint a person entitled to share in the estate, meaning a relative of the deceased, or if none exist, then someone with an interest in the estate. The court must also consider all of the following factors when choosing an executor: the wishes of the decedent, the qualifications of the proposed personal representative, how well equipped the proposed personal representative is to serve, the relationship between the personal representative and other people who have an interest in the estate, and any other relevant factor. Additionally, a person who has been convicted of a felony may be disqualified from serving as an executor. The court may also disqualify any person who fails to disclose a conflict of interest or other material facts, or who fails to act in good faith in the management of the estate.

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Are there any restrictions on who can serve as the executor of an intestate estate?

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