Q: Can a personal representative be named by the court in a summary administration in Florida?
I was named as the PR for my deceased mother in her will. The other beneficiary hired a lawyer and that lawyer petitioned to be named the PR instead of me. I was forced to object, had a hearing and the result was a conversion to summary administration. I was under the impression that no court-appointed PR is named in a summary administration, but among the new court documents for the updated situation is a document that states as part of the summary administration this lawyer is named the PR - which was the whole reason I objected to the initial formal administration to begin with. I am confused. My explanation to the judge was that no formal administration was appropriate, but that if one was being opened - then I was the person the deceased named and I wanted to be the PR.
A: No, they should and would not unless the probate has been converted to a Formal Probate, otherwise it is a Summary Administration and the person is deemed the Petitioner (with less authority and less power). The paperwork and or the order from the judge should be quite clear on this and if not, you need to follow-up on it further.
A: A Personal Representative is NOT named when you utilize Summary Administration in Florida.
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