When someone passes away, one of the first questions that comes up is who has the right to bring a probate case. In Florida, this is referred to as “standing,” and it determines who has the legal authority to initiate the probate process. Whether the decedent had a will or passed away without one, Florida law outlines who can file and under what circumstances. Here’s what you need to know.
Personal Representatives Named in the Will and Probate Standing
If the decedent left a valid will, the person nominated as the personal representative (commonly referred to as the executor) has standing to bring a probate. Their primary responsibility is to carry out the decedent’s wishes as outlined in the will, which includes distributing assets, paying debts, and ensuring the estate is properly administered. Even if the case qualifies for summary administration, the personal representative still has standing to file the petition as part of their duties.
Probate Standing for Beneficiaries and Heirs in Florida
Beneficiaries listed in the will or heirs entitled to inherit under Florida’s intestacy laws (when no will exists) also have standing to initiate probate. Beneficiaries typically file probate if there’s no active personal representative or if the estate is straightforward and qualifies for summary administration. In cases of intestacy, heirs at law—such as a spouse, children, or other close relatives—can bring probate to secure their rightful inheritance under Florida law.
Who Else Has Probate Standing? Florida Interested Persons
Florida also grants standing to interested persons who have a legitimate financial or legal interest in the estate. This category includes creditors seeking to recover debts owed by the decedent, trustees managing trusts connected to the estate, or anyone else who would be directly affected by how the estate is handled. It’s important to note that standing as an interested person doesn’t necessarily mean they control the probate process, but they have the right to file or participate when needed.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.