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In Florida, the initiation of probate can be done by a variety of parties depending on the circumstances surrounding the estate. Generally, the personal representative (P.R.) named in the decedent’s will initiates probate by petitioning the court for appointment as P.R. and applying for letters of administration. If no personal representative is named in the will, or if the named P.R. is not qualified to act in Florida, then the person selected by a majority in interest of the persons entitled to the estate has preference in appointment as personal representative (See Florida Statute 733.301).

Note: If the decedent died intestate (without a will) and no foreign personal representative qualifies to act in Florida, the appointment of a personal representative follows the order of preference prescribed in Florida’s probate law under Florida Statute 733.301.

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