Florida Statute 733.301

“Preference in appointment of personal representative”

What it means

Section 733.301(1) sets the order of preference for granting letters of administration. Testate: (1) the personal representative, or successor, nominated by the will or under a power in the will; (2) the person selected by a majority in interest of the persons entitled to the estate; (3) a devisee under the will. Intestate: (1) the surviving spouse; (2) the person selected by a majority in interest of the heirs; (3) the heir nearest in degree. At the third level, if more than one applies, the court may select the one best qualified.

A guardian of the property of a ward who would be entitled to appointment, or to select, may exercise the ward's right to select (subsection (2)). If no application is made by any person described in subsection (1), the court shall appoint a capable person, but not one who works for or holds public office under the court, or who is employed by or holds office under a judge exercising probate jurisdiction (subsection (3)). After letters issue, a person with unwaived preference who was not served formal notice may seek appointment, and the letters may be revoked (subsection (4)). If a will is later admitted, the letters shall be revoked and new letters granted (subsection (5)).

Text of the statute (2026)

Excerpts are the subsections the summary relies on. Read the full official text of § 733.301.

History. s. 1, ch. 74-106; s. 62, ch. 75-220; s. 21, ch. 77-87; s. 1, ch. 77-174; s. 988, ch. 97-102; s. 98, ch. 2001-226.

How it applies

Preference determines who is considered first; it does not by itself make a person eligible to serve. A nominee or applicant must also qualify under the other appointment sections of chapter 733, such as § 733.304 for a person not domiciled in Florida.

When no testate or intestate preference holder applies, the court appoints a capable person under subsection (3). A preference holder who was not given formal notice before letters issued can seek revocation and appointment under subsection (4) after formal notice and hearing.

Where this shows up

Pages on this site where § 733.301 does real work:

• Florida probate timeline 2026: deadlines and steps from death to discharge
• Will vs. trust in Florida: what each does, how each is signed and what each avoids
• When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
• Florida intestate succession: who inherits when there is no will, the spouse's share, descendants, parents, siblings and other relatives, the homestead, who is not an heir and steps to settle the estate
• Florida spousal elective share: 30 percent of the elective estate, what the elective estate includes and leaves out, the filing deadline, waiver, the court process and a worked example
• Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
• Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives
• Out-of-state heirs and Florida property: who can serve, what happens to title, taxes and selling
• Formal Administration
• Abraham Shakespeare

Related sections

Questions people ask

Sources

• Fla. Stat. § 733.301 (Order of preference, appointment of a capable person, and revocation of letters.)
• Fla. Stat. § 733.304 (Separate eligibility limit for persons not domiciled in Florida.)

Last checked: October 17, 2026