Trial court erred in appointing decedent’s father PR of her intestate estate when Guardians of sole heirs (minor children) selected a third party. ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )
Staley v. Williford, 50 So. 3d 680 (Fla. 2d DCA 2010)
Section 733.301, Florida Statutes sets forth the following order of preference in appointment of a personal representative of an intestate estate:
1. The surviving spouse.
2. The person selected by a majority in interest of the heirs.
3. The heir nearest in degree.
There was no surviving spouse in this case. Douglas Stalley was the person selected by both heirs, acting through the guardians of their property as authorized under section 733.301(2).
Case Impression: Ideally, the decedent would have executed a will naming a PR and guardian for her daughters. Hopefully, the court selected Guardians are acting in the best interests of the minors/heirs in their selection of a third party as PR.
