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Can a Convicted Felon Serve as The Personal Representative in a Florida Probate Case?

Unfortunately for millions of felons across the state of Florida, while voting rights may have been restored by constitutional amendment, Felons still can not act in certain roles. One of those prohibited roles is acting as a personal representative. See, Fla.Stat. 733.303. This means that if your appointed personal representative is a Felon, they will be ineligible to serve, and your alternate will take the role. In the event no other heirs exist, this can mean the court appoints a costly private Personal Representative.

To understand how strict this rule one need look no further than the case of In re: Estate of Sharonda Renae Butler. In that case a Father and sole beneficiary of his daughter’s estate sought to be appointed as the personal representative despite having a prior felony conviction. The court found that the law preventing felons from acting is in place to protect more then mere beneficiaries and is designed to protect creditors as well. The court upheld the Florida Probate Code provision strictly enforcing the rule.

If you are a Felon in the state of Florida and are unable to act as a personal representative that does not mean all hope is lost. Give the expert attorneys at The Weil Law Group, PA a call at 954-603-7603 and we can help you probate the estate as quickly and efficiently as possible.

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